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Europaudvalget 2000-01
EUU Alm.del Bilag 730
Offentligt

Modtaget via elektronisk post. Der tages forbehold for evt. fejl

Europaudvalget

(Alm. del - bilag 730)

traktatændringer

(Offentligt)

Medlemmerne af Folketingets

Europaudvalg og deres stedfortrædere

Bilag

Journalnummer

400.C.2-0

Kontor

EU-sekr.

5. februar 2001

Til underretning for Folketingets Europaudvalg vedlægges i opfølgning af mødet i Det Europæiske Råd i Nice

den 7.-11. december 2000 Nice-traktaten, SN 1247/01.

Fransk version er oversendt til Folketingets Europaudvalg den 2. februar 2001.

CONFERENCE

OF THE REPRESENTATIVES OF THE

GOVERNMENTS

OF THE MEMBER STATES

Brussels, 30 January 2001

(OR. fr)

SN 1247/01

NOTE

Subject: Treaty of Nice

This document contains the text of the Treaty of Nice in its definitive form, as finalised by the Legal/Linguistic Experts

Working Party.

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TREATY OF NICE

amending the Treaty on European Union,

the Treaties establishing the European Communities

and certain related Acts

CONTENTS

Page

PREAMBLE 4

PART ONE: SUBSTANTIVE AMENDMENTS 8

{{SPA}} ARTICLE 1: points 1) to 15) (EU Treaty) 8

{{SPA}} ARTICLE 2: points 1) to 47) (EC Treaty) 24

{{SPA}} ARTICLE 3: points 1) to 25 (EAEC Treaty) 57

{{SPA}} ARTICLE 4: points 1) to 19) (ECSC Treaty) 72

{{SPA}} ARTICLE 5: Protocol on the Statute of the ESCB and of the ECB 84

{{SPA}} ARTICLE 6: Protocol on the privileges and immunities of the European Communities 85

PART TWO: TRANSITIONAL AND FINAL PROVISIONS 86

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{{SPA}} ARTICLES 7 to 13 86

PROTOCOLS 88

{{SPA}} Protocol on the enlargement of the European Union 90

{{SPA}} Protocol on the Statute of the Court of Justice 99

{{SPA}} Protocol on the financial consequences of the expiry of the ECSC Treaty and

on the Research Fund for Coal and Steel 129

{{SPA}} Protocol on Article 67 of the Treaty establishing the European Community 132

FINAL ACT 134

DECLARATIONS ADOPTED BY THE CONFERENCE 141

DECLARATIONS OF WHICH THE CONFERENCE TOOK NOTE 170

HIS MAJESTY THE KING OF THE BELGIANS,

HER MAJESTY THE QUEEN OF DENMARK,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE PRESIDENT OF THE HELLENIC REPUBLIC,

HIS MAJESTY THE KING OF SPAIN,

THE PRESIDENT OF THE FRENCH REPUBLIC,

THE PRESIDENT OF IRELAND,

THE PRESIDENT OF THE ITALIAN REPUBLIC,

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,

THE PRESIDENT OF THE PORTUGUESE REPUBLIC,

THE PRESIDENT OF THE REPUBLIC OF FINLAND,

HIS MAJESTY THE KING OF SWEDEN,

HER MAJESTY THE

NORTHERN IRELAND,

QUEEN

THE

UNITED KINGDOM

GREAT BRITAIN

AND

RECALLING the historic importance of the ending of the division of the European continent,

DESIRING to complete the process started by the Treaty of Amsterdam of preparing the institutions of the European

Union to function in an enlarged Union,

DETERMINED on this basis to press ahead with the accession negotiations in order to bring them to a successful

conclusion, in accordance with the procedure laid down in the Treaty on European Union,

HAVE RESOLVED to amend the Treaty on European Union, the Treaties establishing the European Communities and

certain related acts,

and to this end have designated as their Plenipotentiaries:

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HIS MAJESTY THE KING OF THE BELGIANS:

HER MAJESTY THE QUEEN OF DENMARK:

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY:

THE PRESIDENT OF THE HELLENIC REPUBLIC:

HIS MAJESTY THE KING OF SPAIN:

THE PRESIDENT OF THE FRENCH REPUBLIC:

THE PRESIDENT OF IRELAND:

THE PRESIDENT OF THE ITALIAN REPUBLIC:

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG:

HER MAJESTY THE QUEEN OF THE NETHERLANDS:

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA:

THE PRESIDENT OF THE PORTUGUESE REPUBLIC:

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THE PRESIDENT OF THE REPUBLIC OF FINLAND:

HIS MAJESTY THE KING OF SWEDEN:

HER MAJESTY

THE

NORTHERN IRELAND:

QUEEN

THE

UNITED KINGDOM

GREAT BRITAIN

AND

WHO, having exchanged their full powers found in good and due form,

HAVE AGREED AS FOLLOWS:

PART ONE

SUBSTANTIVE AMENDMENTS

ARTICLE 1

The Treaty on European Union shall be amended in accordance with the provisions of this Article.

1) Article 7 shall be replaced by the following:

"Article 7

1. On a reasoned proposal by one third of the Member States, by the European Parliament or by

the Commission, the Council, acting by a majority of four-fifths of its members after obtaining the assent of

the European Parliament, may determine that there is a clear risk of a serious breach by a Member State of

principles mentioned in Article 6(1), and address appropriate recommendations to that State. Before making

such a determination, the Counci l shall hear the Member State in question and, acting in accordance with

the same procedure, may call on independent persons to submit within a reasonable time limit a report on

the situation in the Member State in question.

The Council shall regularly verify that the grounds on which such a determination was made continue to

apply.

2. The Council, meeting in the composition of the Heads of State or Government and acting by unanimity on

a proposal by one third of the Member States or by the Commission and after obtaining the assent of the

European Parliament, may determine the existence of a serious and persistent breach by a Member State of

principles mentioned in Article 6(1), after inviting the government of the Member State in question to

submit its observations.

3. Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may

decide to suspend certain of the rights deriving from the application of this Treaty to the Member State in

question, including the voting rights of the representative of the government of that Member State in the

Council. In doing so, the Council shall take into account the possible consequences of such a suspension on

the rights and obligations of natural and legal persons.

The obligations of the Member State in question under this Treaty shall in any case continue to be binding

on that State.

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4. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken

under paragraph 3 in response to changes in the situation which led to their being imposed.

5. For the purposes of this Article, the Council shall act without taking into account the vote of the

representative of the government of the Member State in question. Abstentions by members present in

person or represented shall not prevent the adoption of decisions referred to in paragraph 2. A qualified

majority shall be defined as the same proportion of the weighted votes of the members of the Council

concerned as laid down in Article 205(2) of the Treaty establishing the Europe an Community.

This paragraph shall also apply in the event of voting rights being suspended pursuant to paragraph 3.

6. For the purposes of paragraphs 1 and 2, the European Parliament shall act by a two-thirds majority of the

votes cast, representing a majority of its Members."

2) Article 17 shall be replaced by the following:

"Article 17

1. The common foreign and security policy shall include all questions relating to the security of the Union, including the

progressive framing of a common defence policy, which might lead to a common defence, should the European Council so

decide. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their

respective constitutional requirements.

The policy of the Union in accordance with this Article shall not prejudice the specific character of the security and defence

policy of certain Member States and shall respect the obligations of certain Member States, which see their common defence

realised in the North Atlantic Treaty Organisation (NATO), under the North Atlantic Treaty and be compatible with the

common security and defence policy established within that framework.

The progressive framing of a common defence policy will be supported, as Member States consider appropriate, by

cooperation between them in the field of armaments.

2. Questions referred to in this Article shall include humanitarian and rescue tasks, peacekeeping tasks and tasks of combat

forces in crisis management, including peacemaking.

3. Decisions having defence implications dealt with under this Article shall be taken without prejudice to the policies and

obligations referred to in paragraph 1, second subparagraph.

4. The provisions of this Article shall not prevent the development of closer cooperation between two or more Member

States on a bilateral level, in the framework of the Western European Union (WEU) and NATO, provided such cooperation

does not run counter to or impede that provided for in this Title.

5. With a view to furthering the objectives of this Article, the provisions of this Article will be reviewed in accordance with

Article 48."

3) In Article 23(2), first subparagraph, the following third indent shall be added:

"{{SPA}} when appointing a special representative in accordance with Article 18(5)."

4) Article 24 shall be replaced by the following:

"Article 24

1. When it is necessary to conclude an agreement with one or more States or international organisations in

implementation of this Title, the Council may authorise the Presidency, assisted by the Commission as

appropriate, to open negotiations to that effect. Such agreements shall be concluded by the Council on a

recommendation from the Presidency.

2. The Council shall act unanimously when the agreement covers an issue for which unanimity is required

for the adoption of internal decisions.

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3. When the agreement is envisaged in order to implement a joint action or common position, the Council shall

act by a qualified majority in accordance with Article 23(2).

4. The provisions of this Article shall also apply to matters falling under Title VI. When the agreement covers an

issue for which a qualified majority is required for the adoption of internal decisions or measures, the Council

shall act by a qualified majority in accordance with Article 34(3).

5. No agreement shall be binding on a Member State whose representative in the Council states that it has to comply with the requirements of its own constitutional procedure;

the other members of the Council may agree that the agreement shall nevertheless apply provisionally.

6. Agreements concluded under the conditions set out by this Article shall be binding on the institutions of

the Union."

5) Article 25 shall be replaced by the following:

"Article 25

Without prejudice to Article 207 of the Treaty establishing the European Community, a Political and

Security Committee shall monitor the international situation in the areas covered by the common foreign and

security policy and contribute to the definition of policies by delivering opinions to the Council at the

request of the Council or on its own initiative. It shall also monitor the implementation of agreed policies,

without prejudice to the responsibility of the Presidency and the Commissio n.

Within the scope of this Title, this Committee shall exercise, under the responsibility of the Council, political

control and strategic direction of crisis management operations.

The Council may authorise the Committee, for the purpose and for the duration of a crisis management

operation, as determined by the Council, to take the relevant decisions concerning the political control and

strategic direction of the operation, without prejudice to Article 47."

6) The following Articles shall be inserted:

"Article 27a

1. Enhanced cooperation in any of the areas referred to in this Title shall be aimed at safeguarding the values

and serving the interests of the Union as a whole by asserting its identity as a coherent force on the

international scene. It shall respect:

{{SPA}} the principles, objectives, general guidelines and consistency of the common foreign and

security policy and the decisions taken within the framework of that policy;

{{SPA}} the powers of the European Community, and

{{SPA}} consistency between all the Union's policies and its external activities.

2. Articles 11 to 27 and Articles 27b to 28 shall apply to the enhanced cooperation provided for in this Article,

save as otherwise provided in Article 27c and Articles 43 to 45.

Article 27b

Enhanced cooperation pursuant to this Title shall relate to implementation of a joint action or a common

position. It shall not relate to matters having military or defence implications.

Article 27c

Member States which intend to establish enhanced cooperation between themselves under Article 27b shall

address a request to the Council to that effect.

The request shall be forwarded to the Commission and to the European Parliament for information. The

Commission shall give its opinion particularly on whether the enhanced cooperation proposed is consistent

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with Union policies. Authorisation shall be granted by the Council, acting in accordance with the second and

third subparagraphs of Article 23(2) and in compliance with Articles 43 to 45.

Article 27d

Without prejudice to the powers of the Presidency or of the Commission, the Secretary-General of the

Council, High Representative for the common foreign and security policy, shall in particular ensure that the

European Parliament and all members of the Council are kept fully informed of the implementation of

enhanced cooperation in the field of the common foreign and security policy.

Article 27e

Any Member State which wishes to participate in enhanced cooperation established in accordance with

Article 27c shall notify its intention to the Council and inform the Commission. The Commission shall give

an opinion to the Council within three months of the date of receipt of that notification. Within four months

of the date of receipt of that notification, the Council shall take a decision on the request and on such

specific arrangements as it may deem n ecessary. The decision shall be deemed to be taken unless

the Council, acting by a qualified majority within the same period, decides to hold it in abeyance; in that

case, the Council shall state the reasons for its decision and set a deadline for re-examining it.

For the purposes of this Article, the Council shall act by a qualified majority. The qualified majority shall be

defined as the same proportion of the weighted votes and the same proportion of the number of the members

of the Council concerned as those laid down in the third subparagraph of Article 23(2)."

7) In Article 29, second paragraph, the second indent shall be replaced by the following:

"{{SPA}} closer cooperation between judicial and other competent authorities of the Member States,

including cooperation through the European Judicial Cooperation Unit ("Eurojust"), in accordance

with the provisions of Articles 31 and 32;"

8) Article 31 shall be replaced by the following:

"Article 31

1. Common action on judicial cooperation in criminal matters shall include:

(a) facilitating and accelerating cooperation between competent ministries and judicial or equivalent

authorities of the Member States, including, where appropriate, cooperation through Eurojust, in

relation to proceedings and the enforcement of decisions;

(b) facilitating extradition between Member States;

cooperation;

(d) preventing conflicts of jurisdiction between Member States;

(e) progressively adopting measures establishing minimum rules relating to the constituent elements

of criminal acts and to penalties in the fields of organised crime, terrorism and illicit drug trafficking.

2. The Council shall encourage cooperation through Eurojust by:

(a) enabling Eurojust to facilitate proper coordination between Member States' national prosecuting

authorities;

(b) promoting support by Eurojust for criminal investigations in cases of serious cross-border crime,

particularly in the case of organised crime, taking account, in particular, of analyses carried out by

Europol;

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order to facilitate the execution of letters rogatory and the implementation of extradition requests."

9) Article 40 shall be replaced by the following Articles 40, 40a and 40b:

"Article 40

1. Enhanced cooperation in any of the areas referred to in this Title shall have the aim of enabling the Union

to develop more rapidly into an area of freedom, security and justice, while respecting the powers of the

European Community and the objectives laid down in this Title.

2. Articles 29 to 39 and Articles 40a to 41 shall apply to the enhanced cooperation provided for by this

Article, save as otherwise provided in Article 40a and in Articles 43 to 45.

3. The provisions of the Treaty establishing the European Community concerning the powers of the Court of

Justice and the exercise of those powers shall apply to this Article and to Articles 40a and 40b.

Article 40a

1. Member States which intend to establish enhanced cooperation between themselves under Article 40 shall

address a request to the Commission, which may submit a proposal to the Council to that effect. In the event of

the Commission not submitting a proposal, it shall inform the Member States concerned of the reasons for not

doing so. Those Member States may then submit an initiative to the Council designed to obtain authorisation fo

r the enhanced cooperation concerned.

2. The authorisation referred to in paragraph 1 shall be granted, in compliance with Articles 43 to 45, by

the Council, acting by a qualified majority, on a proposal from the Commission or on the initiative of at least

eight Member States, and after consulting the European Parliament. The votes of the members of the Council

shall be weighted in accordance with Article 205(2) of the Treaty establishing the European Community.

A member of the Council may request that the matter be referred to the European Council. After that matter

has been raised before the European Council, the Council may act in accordance with the first subparagraph of

this paragraph.

Article 40b

Any Member State which wishes to participate in enhanced cooperation established in accordance with

Article 40a shall notify its intention to the Council and to the Commission, which shall give an opinion to

the Council within three months of the date of receipt of that notification, possibly accompanied by a

recommendation for such specific arrangements as it may deem necessary for that Member State to become a

party to the coopera tion in question. The Council shall take a decision on the request within four months of the

date of receipt of that notification. The decision shall be deemed to be taken unless the Council, acting by a

qualified majority within the same period, decides to hold it in abeyance; in that case, the Council shall state the

reasons for its decision and set a deadline for re-examining it.

For the purposes of this Article, the Council shall act under the conditions set out in Article 44(1)."

10) The heading of TITLE VII shall be replaced by the following: "PROVISIONS ON ENHANCED

COOPERATION".

11) Article 43 shall be replaced by the following:

"Article 43

Member States which intend to establish enhanced cooperation between themselves may make use

of the institutions, procedures and mechanisms laid down by this Treaty and by the Treaty

establishing the European Community provided that the proposed cooperation:

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(a) is aimed at furthering the objectives of the Union and of the Community, at protecting and serving

their interests and at reinforcing their process of integration;

(b) respects the said Treaties and the single institutional framework of the Union;

acquis communautaire

and the measures adopted under the other provisions of the said

Treaties;

(d) remains within the limits of the powers of the Union or of the Community and does not concern

the areas which fall within the exclusive competence of the Community;

(e) does not undermine the internal market as defined in Article 14(2) of the Treaty establishing the

European Community, or the economic and social cohesion established in accordance with Title XVII

of that Treaty;

(f) does not constitute a barrier to or discrimination in trade between the Member States and does not

distort competition between them;

(g) involves a minimum of eight Member States;

(h) respects the competences, rights and obligations of those Member States which do not participate

therein;

(i) does not affect the provisions of the Protocol integrating the Schengen acquis into the framework of the

European Union;

(j) is open to all the Member States, in accordance with Article 43b."

12) The following Articles shall be inserted

"Article 43a

Enhanced cooperation may be undertaken only as a last resort, when it has been established within

the Council that the objectives of such cooperation cannot be attained within a reasonable period by

applying the relevant provisions of the Treaties.

Article 43b

When enhanced cooperation is being established, it shall be open to all Member States. It shall also be open to

them at any time, in accordance with Articles 27e and 40b of this Treaty and with Article 11a of the Treaty

establishing the European Community, subject to compliance with the basic decision and with the decisions

taken within that framework. The Commission and the Member States participating in enhanced cooperation

shall ensure that as many Member States as pos sible are encouraged to take part."

13) Article 44 shall be replaced by the following Articles 44 and 44a:

"Article 44

1. For the purposes of the adoption of the acts and decisions necessary for the implementation

of enhanced cooperation referred to in Article 43, the relevant institutional provisions of this

Treaty and of the Treaty establishing the European Community shall apply. However, while all

members of the Council shall be able to take part in the deliberations, only those representing

Member States participating in enhanced cooperation shall take part in the adoption of decisi

ons. The qualified majority shall be defined as the same proportion of the weighted votes and

the same proportion of the number of the Council members concerned as laid down in

Article 205(2) of the Treaty establishing the European Community, and in the second and third

subparagraphs of Article 23(2) of this Treaty as regards enhanced cooperation established on

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the basis of Article 27c. Unanimity shall be constituted by only those Council members

concerned.

Such acts and decisions shall not form part of the Union acquis.

2. Member States shall apply, as far as they are concerned, the acts and decisions adopted for the

implementation of the enhanced cooperation in which they participate. Such acts and decisions

shall only be binding on those Member States which participate in such cooperation and, as

appropriate, shall only be directly applicable in those States. Member States which do not

participate in such cooperation shall not impede the implementation thereof by the participating

Member State s.

Article 44a

Expenditure resulting from implementation of enhanced cooperation, other than administrative

costs entailed for the institutions, shall be borne by the participating Member States, unless all

members of the Council, acting unanimously after consulting the European Parliament, decide

otherwise."

14) Article 45 shall be replaced by the following:

"Article 45

The Council and the Commission shall ensure the consistency of activities undertaken on the basis

of this Title and the consistency of such activities with the policies of the Union and

the Community, and shall cooperate to that end."

15) Article 46 shall be replaced by the following:

"Article 46

The provisions of the Treaty establishing the European Community, the Treaty establishing the

European Coal and Steel Community and the Treaty establishing the European Atomic Energy

Community concerning the powers of the Court of Justice of the European Communities and

the exercise of those powers shall apply only to the following provisions of this Treaty:

(a) provisions amending the Treaty establishing the European Economic Community with

a view to establishing the European Community, the Treaty establishing the European

Coal and Steel Community and the Treaty establishing the European Atomic Energy

Community;

(b) provisions of Title VI, under the conditions provided for by Article 35;

Treaty establishing the European Community and Article 40 of this Treaty;

(d) Article 6(2) with regard to action of the institutions, insofar as the Court has jurisdiction

under the Treaties establishing the European Communities and under this Treaty;

(e) the purely procedural stipulations in Article 7, with the Court acting at the request of the

Member State concerned within one month from the date of the determination by the Council

provided for in that Article;

(f) Articles 46 to 53."

ARTICLE 2

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The Treaty establishing the European Community shall be amended in accordance with the

provisions of this Article.

1) Article 11 shall be replaced by the following Articles 11 and 11a:

"Article 11

1. Member States which intend to establish enhanced cooperation between themselves

in one of the areas referred to in this Treaty shall address a request to

the Commission, which may submit a proposal to the Council to that effect. In the

event of the Commission not submitting a proposal, it shall inform the Member States

concerned of the reasons for not doing so.

2. Authorisation to establish enhanced cooperation as referred to in paragraph 1 shall

be granted, in compliance with Articles 43 to 45 of the Treaty on European Union, by

the Council, acting by a qualified majority on a proposal from the Commission and

after consulting the European Parliament. When enhanced cooperation relates to an

area covered by the procedure referred to in Article 251 of this Treaty, the assent of

the European Parliament shall be required.

A member of the Council may request that the matter be referred to the European Council.

After that matter has been raised before the European Council, the Council may act in

accordance with the first subparagraph of this paragraph.

3. The acts and decisions necessary for the implementation of enhanced cooperation activities shall

be subject to all the relevant provisions of this Treaty, save as otherwise provided in this Article

and in Articles 43 to 45 of the Treaty on European Union.

Article 11a

Any Member State which wishes to participate in enhanced cooperation established in accordance

with Article 11 shall notify its intention to the Council and to the Commission, which shall give an

opinion to the Council within three months of the date of receipt of that notification. Within

four months of the date of receipt of that notification, the Commission shall take a decision on it,

and on such specific arrangements as it may deem necessary."

2) In Article 13, the current text shall become paragraph 1 and the following paragraph 2 shall be

added:

"2. By way of derogation from paragraph 1, when the Council adopts Community incentive

measures, excluding any harmonisation of the laws and regulations of the Member States, to

support action taken by the

Member States

in order to contribute to the achievement of the

objectives referred to in paragraph 1, it shall act in accordance with the procedure referred to in

Article 251."

3) Article 18 shall be replaced by the following:

"Article 18

1. Every citizen of the Union shall have the right to move and reside freely within

the territory of the Member States, subject to the limitations and conditions laid

down in this Treaty and by the measures adopted to give it effect.

2. If action by the Community should prove necessary to attain this objective and this

Treaty has not provided the necessary powers, the Council may adopt provisions with

a view to facilitating the exercise of the rights referred to in paragraph 1. The Council

shall act in accordance with the procedure referred to in Article 251.

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3. Paragraph 2 shall not apply to provisions on passports, identity cards, residence

permits or any other such document or to provisions on social security or social

protection."

4) In Article 67, the following paragraph shall be added:

"5. By derogation from paragraph 1, the Council shall adopt, in accordance with the

procedure referred to in Article 251:

{{SPA}} the measures provided for in Article 63(1) and (2)(a)

provided that the Council has previously adopted, in accordance

with paragraph 1 of this Article, Community legislation defining

the common rules and basic principles governing these issues;

◾

the measures provided for in Article 65 with the exception of aspects relating to

family law."

5) Article 100 shall be replaced by the following:

"Article 100

1. Without prejudice to any other procedures provided for in this Treaty, the Council,

acting by a qualified majority on a proposal from the Commission, may decide upon

the measures appropriate to the economic situation, in particular if severe difficulties

arise in the supply of certain products.

2. Where a Member State is in difficulties or is seriously threatened with severe

difficulties caused by natural disasters or exceptional occurrences beyond its control,

the Council, acting by a qualified majority on a proposal from the Commission, may

grant, under certain conditions, Community financial assistance to the Member State

concerned. The President of the Council shall inform the European Parliament of the

decision taken."

6) Article 111(4) shall be replaced by the following:

"4. Subject to paragraph 1, the Council, acting by a qualified majority on a proposal

from the Commission and after consulting the ECB, shall decide on the position of

the Community at international level as regards issues of particular relevance to

economic and monetary union and on its representation, in compliance with the

allocation of powers laid down in Articles 99 and 105."

7) Article 123(4) shall be replaced by the following:

"4. At the starting date of the third stage, the Council shall, acting with the unanimity

of the Member States without a derogation, on a proposal from the Commission and

after consulting the ECB, adopt the conversion rates at which their currencies shall be

irrevocably fixed and at which irrevocably fixed rate the ECU shall be substituted for

these currencies, and the ECU will become a currency in its own right. This measure

shall by itself not modify the externa l value of the ECU. The Council, acting by a

qualified majority of the said Member States, on a proposal from the Commission and

after consulting the ECB, shall take the other measures necessary for the rapid

introduction of the ECU as the single currency of those Member States. The second

sentence of Article 122(5) shall apply."

8) Article 133 shall be replaced by the following:

"Article 133

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1. The common commercial policy shall be based on uniform principles,

particularly in regard to changes in tariff rates, the conclusion of tariff and trade

agreements, the achievement of uniformity in measures of liberalisation, export

policy and measures to protect trade such as those to be taken in the event of

dumping or subsidies.

2. The Commission shall submit proposals to the Council for implementing the

common commercial policy.

3. Where agreements with one or more States or international organisations need to

be negotiated, the Commission shall make recommendations to the Council, which

shall authorise the Commission to open the necessary negotiations. The Council

and the Commission shall be responsible for ensuring that the agreements

negotiated are compatible with internal Community policies and rules.

The Commission shall conduct these negotiations in consultation with a special

committee appointed by the Council to assist the Commission in this task and within

the framework of such directives as the Council may issue to it. The Commission shall

report regularly to the special committee on the progress of negotiations.

The relevant provisions of Article 300 shall apply.

4. In exercising the powers conferred upon it by this Article, the Council shall act by a

qualified majority.

5. Paragraphs 1 to 4 shall also apply to the negotiation and conclusion of agreements

in the fields of trade in services and the commercial aspects of intellectual property,

insofar as those agreements are not covered by the said paragraphs and without

prejudice to paragraph 6.

By way of derogation from paragraph 4, the Council shall act unanimously when

negotiating and concluding an agreement in one of the fields referred to in the first

subparagraph, where that agreement includes provisions for which unanimity is

required for the adoption of internal rules or where it relates to a field in which the

Community has not yet exercised the powers conferred upon it by this Treaty by

adopting internal rules.

The Council shall act unanimously with respect to the negotiation and conclusion

of a horizontal agreement insofar as it also concerns the preceding subparagraph or

the second subparagraph of paragraph 6.

This paragraph shall not affect the right of the Member States to maintain and

conclude agreements with third countries or international organisations insofar as

such agreements comply with Community law and other relevant international

agreements.

6. An agreement may not be concluded by the Council if it includes provisions

which would go beyond the Community's internal powers, in particular by leading

to harmonisation of the laws or regulations of the Member States in an area for

which this Treaty rules out such harmonisation.

In this regard, by way of derogation from the first subparagraph of paragraph 5,

agreements relating to trade in cultural and audiovisual services, educational

services, and social and human health services, shall fall within the shared

competence of the Community and its Member States. Consequently, in addition to

a Community decision taken in accordance with the relevant provisions of

Article 300, the negotiation of such agreements shall require the common accord of

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the Member States. Agreements thus negotiated shall be concluded jointly by the

Community and the Member States.

The negotiation and conclusion of international agreements in the field of transport

shall be governed by the provisions of Title V and Article 300.

7. Without prejudice to the first subparagraph of paragraph 6, the Council, acting

unanimously on a proposal from the Commission and after consulting the

European Parliament, may extend the application of paragraphs 1 to 4 to

international negotiations and agreements on intellectual property insofar as they

are not covered by paragraph 5."

9) Article 137 shall be replaced by the following:

"Article 137

1. With a view to achieving the objectives of Article 136, the Community shall support

and complement the activities of the Member States in the following fields:

(a) improvement in particular of the working environment to protect

workers' health and safety;

(b) working conditions;

(d) protection of workers where their employment contract is terminated;

(e) the information and consultation of workers;

(f) representation and collective defence of the interests of workers and

employers, including co-determination, subject to paragraph 5;

(g) conditions of employment for third-country nationals legally residing in

Community territory;

(h) the integration of persons excluded from the labour market, without

prejudice to Article 150;

(i) equality between men and women with regard to labour market opportunities

and treatment at work;

(j) the combating of social exclusion;

(k) the modernisation of social protection systems without

prejudice to point (c).

2. To this end, the Council:

(a) may adopt measures designed to encourage cooperation between Member

States through initiatives aimed at improving knowledge, developing exchanges

of information and best practices, promoting innovative approaches and

evaluating experiences, excluding any harmonisation of the laws and regulations

of the Member States;

(b) may adopt, in the fields referred to in paragraph 1(a) to (i), by means of

directives, minimum requirements for gradual implementation, having regard to

the conditions and technical rules obtaining in each of the Member States. Such

directives shall avoid imposing administrative, financial and legal constraints in a

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way which would hold back the creation and development of small and

medium-sized undertakings.

The Council shall act in accordance with the procedure referred to in Article 251 after

consulting the Economic and Social Committee and the Committee of the Regions,

except in the fields referred to in paragraph 1(c), (d), (f) and (g) of this Article, where

the Council shall act unanimously on a proposal from the Commission, after

consulting the European Parliament and the said Committees. The Council, acting

unanimous ly on a proposal from the Commission, after consulting the

European Parliament, may decide to render the procedure referred to in Article 251

applicable to paragraph 1(d), (f) and (g) of this Article.

3. A Member State may entrust management and labour, at their joint request, with

the implementation of directives adopted pursuant to paragraph 2.

In this case, it shall ensure that, no later than the date on which a directive must be

transposed in accordance with Article 249, management and labour have introduced

the necessary measures by agreement, the Member State concerned being required to

take any necessary measure enabling it at any time to be in a position to guarantee the

results imposed by that directive.

4. The provisions adopted pursuant to this Article:

{{SPA}} shall not affect the right of Member States to define the fundamental

principles of their social security systems and must not significantly affect the

financial equilibrium thereof;

{{SPA}} shall not prevent any Member State from maintaining or introducing

more stringent protective measures compatible with this Treaty.

5. The provisions of this Article shall not apply to pay, the right of association, the

right to strike or the right to impose lock-outs."

◾

In Article 139(2), the second subparagraph shall be replaced by the following:

"The Council shall act by a qualified majority, except where the

agreement in question contains one or more provisions relating to one

of the areas for which unanimity is required pursuant to Article 137(2).

In that case, it shall act unanimously."

11) Article 144 shall be replaced by the following:

"Article 144

The Council, after consulting the European Parliament, shall establish a Social

Protection Committee with advisory status to promote cooperation on social

protection policies between Member States and with the Commission. The tasks of

the Committee shall be:

{{SPA}} to monitor the social situation and the development of

social protection policies in the Member States and the Community;

{{SPA}} to promote exchanges of information, experience and good practice

between Member States and with the Commission;

{{SPA}} without prejudice to Article 207, to prepare reports, formulate

opinions or undertake other work within its fields of competence, at the

request of either the Council or the Commission or on its own initiative.

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In fulfilling its mandate, the Committee shall establish appropriate contacts with

management and labour.

Each Member State and the Commission shall appoint two members of the

Committee."

12) Article 157(3) shall be replaced by the following:

"3. The Community shall contribute to the achievement of the objectives

set out in paragraph 1 through the policies and activities it pursues under

other provisions of this Treaty. The Council, acting in accordance with

the procedure referred to in Article 251 and after consulting the

Economic and Social Committee, may decide on specific measures in

support of action taken in the Member States to achieve the objectives

set out in paragraph 1.

This Title shall not provide a basis for the introduction by the

Community of any measure which could lead to a distortion of

competition or contains tax provisions or provisions relating to the rights

and interests of employed persons."

13) In Article 159, the third paragraph shall be replaced by the following:

"If specific actions prove necessary outside the Funds and without

prejudice to the measures decided upon within the framework of the

other Community policies, such actions may be adopted by the Council

acting in accordance with the procedure referred to in Article 251 and

after consulting the Economic and Social Committee and the Committee

of the Regions."

14) In Article 161, the following third paragraph shall be added:

"From 1 January 2007, the Council shall act by a qualified majority on a proposal

from the Commission after obtaining the assent of the European Parliament and

after consulting the Economic and Social Committee and the Committee of the

Regions if, by that date, the multiannual financial perspective applicable from 1

January 2007 and the Interinstitutional Agreement relating thereto have been

adopted. If such is not the case, the procedure laid down by this paragraph shall

apply fro m the date of their adoption."

15) Article 175(2) shall be replaced by the following:

"2. By way of derogation from the decision-making procedure provided

for in paragraph 1 and without prejudice to Article 95, the Council, acting

unanimously on a proposal from the Commission and after consulting

the European Parliament, the Economic and Social Committee and the

Committee of the Regions, shall adopt:

(a) provisions primarily of a fiscal nature;

(b) measures affecting:

◾

town and country planning;

◾

quantitative management of water resources or affecting,

directly or indirectly, the availability of those resources;

◾

land use, with the exception of waste management;

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different energy sources and the general structure of its energy supply.

The Council may, under the conditions laid down in the

first subparagraph, define those matters referred to in this paragraph on

which decisions are to be taken by a qualified majority."

16) In Part Three, the following Title shall be added:

"TITLE XXI

ECONOMIC, FINANCIAL AND TECHNICAL

COOPERATION WITH THIRD COUNTRIES

Article 181a

1. Without prejudice to the other provisions of this Treaty,

and in particular those of Title XX, the Community shall

carry out, within its spheres of competence, economic,

financial and technical cooperation measures with

third countries. Such measures shall be complementary to

those carried out by the Member States and consistent with

the development policy of the Community.

Community policy in this area shall contribute to the general

objective of developing and consolidating democracy and

the rule of law, and to the objective of respecting human

rights and fundamental freedoms.

2. The Council, acting by a qualified majority on a proposal

from the Commission and after consulting the

European Parliament, shall adopt the measures necessary for

the implementation of paragraph 1. The Council shall act

unanimously for the association agreements referred to in

Article 310 and for the agreements to be concluded with the

States which are candidates for accession to the Union.

3. Within their respective spheres of competence, the

Community and the Member States shall cooperate with

third countries and the competent international

organisations. The arrangements for Community

cooperation may be the subject of agreements between the

Community and the third parties concerned, which shall be

negotiated and concluded in accordance with Article 300.

The first subparagraph shall be without prejudice to the

Member States' competence to negotiate in international

bodies and to conclude international agreements."

17) In Article 189, the second paragraph shall be replaced by the

following:

"The number of Members of the European Parliament

shall not exceed 732."

18) Article 190(5) shall be replaced by the following:

"5. The European Parliament, after seeking an opinion from

the Commission and with the approval of the Council acting

by a qualified majority, shall lay down the regulations and

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general conditions governing the performance of the duties

of its Members. All rules or conditions relating to the

taxation of current or former Members shall require

unanimity within the Council."

19) In Article 191, the following second paragraph shall be added:

"The Council, acting in accordance with the procedure

referred to in Article 251, shall lay down the regulations

governing political parties at European level and in

particular the rules regarding their funding."

20) Article 207(2) shall be replaced by the following:

"2. The Council shall be assisted by a General Secretariat,

under the responsibility of a Secretary-General,

High Representative for the common foreign and

security policy, who shall be assisted by a Deputy Secretary-

General responsible for the running of the

General Secretariat. The Secretary-General and the

Deputy Secretary-General shall be appointed by the Council,

acting by a qualified majority.

The Council shall decide on the organisation of the General

Secretariat."

21) Article 210 shall be replaced by the following:

"Article 210

The Council shall, acting by a qualified majority, determine

the salaries, allowances and pensions of the President and

Members of the Commission, and of the President, Judges,

Advocates-General and Registrar of the Court of Justice

and of the Members and Registrar of the Court of First Instance.

shall also, again by a qualified majority, determine any payment to be

made instead of remuneration."

22) Article 214(2) shall be replaced by the following:

"2. The Council, meeting in the composition of Heads of

State or Government and acting by a qualified majority, shall

nominate the person it intends to appoint as President of

the Commission; the nomination shall be approved by the

European Parliament.

The Council, acting by a qualified majority and by common

accord with the nominee for President, shall adopt the list of

the other persons whom it intends to appoint as Members

of the Commission, drawn up in accordance with the

proposals made by each Member State.

The President and the other Members of the Commission

thus nominated shall be subject as a body to a vote of

approval by the European Parliament. After approval by

the European Parliament, the President and the other

Members of the Commission shall be appointed by the

Council, acting by a qualified majority."

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23) Article 215 shall be replaced by the following:

"Article 215

Apart from normal replacement, or death, the duties of a

Member of the Commission shall end when he resigns or

is compulsorily retired.

A vacancy caused by resignation, compulsory retirement

or death shall be filled for the remainder of the Member's

term of office by a new Member appointed by the

Council, acting by a qualified majority. The Council may,

acting unanimously, decide that such a vacancy need not

be filled.

In the event of resignation, compulsory retirement or

death, the President shall be replaced for the remainder of

his term of office. The procedure laid down in Article 214

(2) shall be applicable for the replacement of the

President.

Save in the case of compulsory retirement under Article

216, Members of the Commission shall remain in office

until they have been replaced or until the Council has

decided that the vacancy need not be filled, as provided

for in the second paragraph of this Article."

24) Article 217 shall be replaced by the following:

"Article 217

1. The Commission shall work under the political guidance

of its President, who shall decide on its internal organisation

in order to ensure that it acts consistently, efficiently and on

the basis of collegiality.

2. The responsibilities incumbent upon the Commission

shall be structured and allocated among its Members by its

President. The President may reshuffle the allocation of

those responsibilities during the Commission's term of

office. The Members of the Commission shall carry out the

duties devolved upon them by the President under his

authority.

3. After obtaining the approval of the College, the President

shall appoint Vice-Presidents from among its Members.

4. A Member of the Commission shall resign if the President so requests,

after obtaining the approval of the College."

25) In Article 219, the first paragraph shall be deleted.

26) Article 220 shall be replaced by the following:

"Article 220

The Court of Justice and the Court of First Instance, each

within its jurisdiction, shall ensure that in the

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interpretation and application of this Treaty the law is

observed.

In addition, judicial panels may be attached to the Court of

First Instance under the conditions laid down in Article 225a

in order to exercise, in certain specific areas, the judicial

competence laid down in this Treaty."

27) Article 221 shall be replaced by the following:

"Article 221

The Court of Justice shall consist of one judge per Member State.

The Court of Justice shall sit in chambers or in a Grand

Chamber, in accordance with the rules laid down for that

purpose in the Statute of the Court of Justice.

When provided for in the Statute, the Court of Justice may also sit as a

full Court."

28) Article 222 shall be replaced by the following:

"Article 222

The Court of Justice shall be assisted by eight Advocates-

General. Should the Court of Justice so request, the Council,

acting unanimously, may increase the number of Advocates-

General.

It shall be the duty of the Advocate-General, acting with

complete impartiality and independence, to make, in open

court, reasoned submissions on cases which, in accordance

with the Statute of the Court of Justice, require his

involvement."

29) Article 223 shall be replaced by the following:

"Article 223

The Judges and Advocates-General of the Court of Justice

shall be chosen from persons whose independence is

beyond doubt and who possess the qualifications required

for appointment to the highest judicial offices in their

respective countries or who are jurisconsults of recognised

competence; they shall be appointed by common accord of

the governments of the Member States for a term of six

years.

Every three years there shall be a partial replacement of the Judges and

Advocates-General, in accordance with the conditions laid down in the

Statute of the Court of Justice.

The Judges shall elect the President of the Court of Justice from among

their number for a term of three years. He may be re-elected.

Retiring Judges and Advocates-General may be reappointed.

The Court of Justice shall appoint its Registrar and lay down

the rules governing his service.

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The Court of Justice shall establish its Rules of Procedure.

Those Rules shall require the approval of the Council, acting

by a qualified majority."

30) Article 224 shall be replaced by the following:

"Article 224

The Court of First Instance shall comprise at least one judge

per Member State. The number of Judges shall be

determined by the Statute of the Court of Justice. The

Statute may provide for the Court of First Instance to be

assisted by Advocates-General.

The members of the Court of First Instance shall be chosen

from persons whose independence is beyond doubt and

who possess the ability required for appointment to high

judicial office. They shall be appointed by common accord

of the governments of the Member States for a term of six

years. The membership shall be partially renewed every three

years. Retiring members shall be eligible for reappointment.

The Judges shall elect the President of the Court of First

Instance from among their number for a term of three years.

He may be re-elected.

The Court of First Instance shall appoint its Registrar and lay down the

rules governing his service.

The Court of First Instance shall establish its Rules of Procedure in

agreement with the Court of Justice. Those Rules shall require the

approval of the Council, acting by a qualified majority.

Unless the Statute of the Court of Justice provides otherwise, the

provisions of this Treaty relating to the Court of Justice shall apply to the

Court of First Instance."

31) Article 225 shall be replaced by the following:

"Article 225

1. The Court of First Instance shall have jurisdiction to hear

and determine at first instance actions or proceedings

referred to in Articles 230, 232, 235, 236 and 238, with the

exception of those assigned to a judicial panel and those

reserved in the Statute for the Court of Justice. The Statute

may provide for the Court of First Instance to have

jurisdiction for other classes of action or proceeding.

Decisions given by the Court of First Instance under this

paragraph may be subject to a right of appeal to the Court of

Justice on points of law only, under the conditions and

within the limits laid down by the Statute.

2. The Court of First Instance shall have jurisdiction to hear and

determine actions or proceedings brought against decisions of the

judicial panels set up under Article 225a.

Decisions given by the Court of First Instance under this paragraph

may exceptionally be subject to review by the Court of Justice, under

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the conditions and within the limits laid down by the Statute, where

there is a serious risk of the unity or consistency of Community law

being affected.

3. The Court of First Instance shall have jurisdiction to hear and

determine questions referred for a preliminary ruling under Article

234, in specific areas laid down by the Statute.

Where the Court of First Instance considers that the case requires a

decision of principle likely to affect the unity or consistency of

Community law, it may refer the case to the Court of Justice for a

ruling.

Decisions given by the Court of First Instance on questions referred for

a preliminary ruling may exceptionally be subject to review by the

Court of Justice, under the conditions and within the limits laid down

by the Statute, where there is a serious risk of the unity or consistency

of Community law being affected."

32) The following Article shall be inserted:

"Article 225a

The Council, acting unanimously on a proposal from the Commission

and after consulting the European Parliament and the Court of Justice or

at the request of the Court of Justice and after consulting the

European Parliament and the Commission, may create judicial panels to

hear and determine at first instance certain classes of action or

proceeding brought in specific areas.

The decision establishing a judicial panel shall lay down the rules on the

organisation of the panel and the extent of the jurisdiction conferred

upon it.

Decisions given by judicial panels may be subject to a right of appeal on

points of law only or, when provided for in the decision establishing the

panel, a right of appeal also on matters of fact, before the Court of First

Instance.

The members of the judicial panels shall be chosen from persons whose

independence is beyond doubt and who possess the ability required for

appointment to judicial office. They shall be appointed by the Council,

acting unanimously.

The judicial panels shall establish their Rules of Procedure in agreement

with the Court of Justice. Those Rules shall require the approval of the

Council, acting by a qualified majority.

Unless the decision establishing the judicial panel provides otherwise, the

provisions of this Treaty relating to the Court of Justice and the

provisions of the Statute of the Court of Justice shall apply to the judicial

panels."

33) The following Article shall be inserted:

"Article 229a

Without prejudice to the other provisions of this Treaty,

the Council, acting unanimously on a proposal from the

Commission and after consulting the European

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Parliament, may adopt provisions to confer jurisdiction, to

the extent that it shall determine, on the Court of Justice in

disputes relating to the application of acts adopted on the

basis of this Treaty which create Community industrial

property rights. The Council shall recommend those

provisions to the Member States for adoption in

accordance wi th their respective constitutional

requirements."

34) In Article 230, the second and third paragraphs shall be replaced by

the following:

"It shall for this purpose have jurisdiction in actions brought

by a Member State, the European Parliament, the Council or

the Commission on grounds of lack of competence,

infringement of an essential procedural requirement,

infringement of this Treaty or of any rule of law relating to

its application, or misuse of powers.

The Court of Justice shall have jurisdiction under the same

conditions in actions brought by the Court of Auditors and

by the ECB for the purpose of protecting their

prerogatives."

35) Article 245 shall be replaced by the following:

"Article 245

The Statute of the Court of Justice shall be laid down in a separate

Protocol.

The Council, acting unanimously at the request of the Court

of Justice and after consulting the European Parliament and

the Commission, or at the request of the Commission and

after consulting the European Parliament and the Court of

Justice, may amend the provisions of the Statute, with the

exception of Title I."

36) Article 247 shall be amended as follows:

(a) Paragraph 1 shall be replaced by the following:

"1. The Court of Auditors shall consist of one national from each

Member State."

(b) Paragraph 3 shall be replaced by the following:

"3. The Members of the Court of Auditors shall be

appointed for a term of six years. The Council, acting

by a qualified majority after consulting the

European Parliament, shall adopt the list of Members

drawn up in accordance with the proposals made by

each Member State. The term of office of the

Members of the Court of Auditors shall be renewable.

They shall elect the President of the Court of

Auditors from among their number for a term of

three years. The President may be re-elected."

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37) Article 248 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

"1. The Court of Auditors shall examine the accounts

of all revenue and expenditure of the Community. It

shall also examine the accounts of all revenue and

expenditure of all bodies set up by the Community

insofar as the relevant constituent instrument does

not preclude such examination.

The Court of Auditors shall provide the European

Parliament and the Council with a statement of

assurance as to the reliability of the accounts and the

legality and regularity of the underlying transactions

which shall be published in the

Official Journal of the

European Union.

This statement may be supplemented

by specific assessments for each major area of

Community activity.";

(b) paragraph 4 shall be replaced by the following:

"4. The Court of Auditors shall draw up an annual

report after the close of each financial year. It shall be

forwarded to the other institutions of the Community

and shall be published, together with the replies of

these institutions to the observations of the Court of

Auditors, in the

Official Journal of the European Union.

The Court of Auditors may also, at any time, submit

observations, particularly in the form of special

reports, on specific questions and deliver opinions at

the request of one of the other institutions of the

Community.

It shall adopt its annual reports, special reports or

opinions by a majority of its Members. However, it

may establish internal chambers in order to adopt

certain categories of reports or opinions under the

conditions laid down by its Rules of Procedure.

It shall assist the European Parliament and the

Council in exercising their powers of control over the

implementation of the budget.

The Court of Auditors shall draw up its Rules of

Procedure. Those rules shall require the approval of

the Council, acting by a qualified majority."

38) In Article 254(1) and (2), the words "Official

Journal of the

European Communities"

shall be replaced by "Official

Journal of

the European Union".

39) Article 257 shall be replaced by the following:

"Article 257

An Economic and Social Committee is hereby established. It shall have

advisory status.

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The Committee shall consist of representatives of the

various economic and social components of organised civil

society, and in particular representatives of producers,

farmers, carriers, workers, dealers, craftsmen, professional

occupations, consumers and the general interest."

40) Article 258 shall be replaced by the following:

"Article 258

The number of members of the Economic and Social Committee shall

not exceed 350.

The number of members of the Committee shall be as follows:

Belgium 12

Denmark 9

Germany 24

Greece 12

Spain 21

France 24

Ireland 9

Italy 24

Luxembourg 6

Netherlands 12

Austria 12

Portugal 12

Finland 9

Sweden 12

United Kingdom 24

The members of the Committee may not be bound by any

mandatory instructions. They shall be completely

independent in the performance of their duties, in the

general interest of the Community.

The Council, acting by a qualified majority, shall determine

the allowances of members of the Committee."

41) In Article 259, paragraph 1 shall be replaced by the following:

"1. The members of the Committee shall be appointed for four years,

on proposals from the Member States. The Council, acting by a

qualified majority, shall adopt the list of members drawn up in

accordance with the proposals made by each Member State. The term

of office of the members of the Committee shall be renewable."

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42) Article 263 shall be replaced by the following:

"Article 263

A Committee, hereinafter referred to as "the Committee of the

Regions", consisting of representatives of regional and local bodies

who either hold a regional or local authority electoral mandate or are

politically accountable to an elected assembly, is hereby established

with advisory status.

The number of members of the Committee of the Regions shall not

exceed 350.

The number of members of the Committee shall be as follows:

Belgium 12

Denmark 9

Germany 24

Greece 12

Spain 21

France 24

Ireland 9

Italy 24

Luxembourg 6

Netherlands 12

Austria 12

Portugal 12

Finland 9

Sweden 12

United Kingdom 24

The members of the Committee and an equal number of alternate

members shall be appointed for four years, on proposals from the

respective Member States. Their term of office shall be renewable. The

Council, acting by a qualified majority, shall adopt the list of members

and alternate members drawn up in accordance with the proposals

made by each Member State. When the mandate referred to in the first

paragraph on the basis of which they were proposed comes to an end,

the term of off ice of members of the Committee shall terminate

automatically and they shall then be replaced for the remainder of the

said term of office in accordance with the same procedure. No member

of the Committee shall at the same time be a Member of the European

Parliament.

The members of the Committee may not be bound by any mandatory

instructions. They shall be completely independent in the performance of

their duties, in the general interest of the Community."

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43) Article 266 shall be replaced by the following:

"Article 266

The European Investment Bank shall have legal personality.

The members of the European Investment Bank shall be the Member

States.

The Statute of the European Investment Bank is laid down

in a Protocol annexed to this Treaty. The Council acting

unanimously, at the request of the European Investment

Bank and after consulting the European Parliament and the

Commission, or at the request of the Commission and after

consulting the European Parliament and the European

Investment Bank, may amend Articles 4, 11 and 12 and

Article 18(5) of the Statute of the Bank."

44) Article 279 shall be replaced by the following:

"Article 279

1. The Council, acting unanimously on a proposal from the

Commission and after consulting the European Parliament

and obtaining the opinion of the Court of Auditors, shall:

(a) make Financial Regulations specifying in particular

the procedure to be adopted for establishing and

implementing the budget and for presenting and

auditing accounts;

(b) lay down rules concerning the responsibility of

financial controllers, authorising officers and

accounting officers, and concerning appropriate

arrangements for inspection.

From 1 January 2007, the Council shall act by a qualified

majority on a proposal from the Commission and after

consulting the European Parliament and obtaining the

opinion of the Court of Auditors.

2. The Council, acting unanimously on a proposal from the

Commission and after consulting the European Parliament

and obtaining the opinion of the Court of Auditors, shall

determine the methods and procedure whereby the budget

revenue provided under the arrangements relating to the

Community's own resources shall be made available to the

Commission, and determine the measures to be applied, if

need be, to meet cash requirements."

45) Article 290 shall be replaced by the following:

"Article 290

The rules governing the languages of the institutions of the

Community shall, without prejudice to the provisions

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contained in the Statute of the Court of Justice, be

determined by the Council, acting unanimously."

46) Article 300 shall be amended as follows:

(a) in paragraph 2, the second and third

subparagraphs shall be replaced by the following:

"By way of derogation from the rules laid down in

paragraph 3, the same procedures shall apply for a

decision to suspend the application of an agreement,

and for the purpose of establishing the positions to be

adopted on behalf of the Community in a body set up

by an agreement, when that body is called upon to

adopt decisions having legal effects, with the

exception of decisions supplementing or amending

the institutional framework of the agreement.

The European Parliament shall be immediately and

fully informed of any decision under this paragraph

concerning the provisional application or the

suspension of agreements, or the establishment of the

Community position in a body set up by an

agreement.";

(b) paragraph 6 shall be replaced by the following:

"6. The European Parliament, the Council, the

Commission or a Member State may obtain the

opinion of the Court of Justice as to whether an

agreement envisaged is compatible with the

provisions of this Treaty. Where the opinion of the

Court of Justice is adverse, the agreement may enter

into force only in accordance with Article 48 of the

Treaty on European Union."

47) Article 309 shall be amended as follows:

(a) in paragraph 1, the terms "Article 7(2)" shall be replaced

by "Article 7(3)";

(b) in paragraph 2, the terms "Article 7(1)" shall be replaced

by "Article 7(2)".

ARTICLE 3

The Treaty establishing the European Atomic Energy Community shall

be amended in accordance with the provisions of this Article.

1) In Article 107, the second paragraph shall be replaced by

the following:

"The number of Members of the European Parliament shall

not exceed 732."

2) Article 108(5) shall be replaced by the following:

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"5. The European Parliament, after seeking an opinion from

the Commission and with the approval of the Council acting

by a qualified majority, shall lay down the regulations and

general conditions governing the performance of the duties

of its Members. All rules or conditions relating to the

taxation of current or former Members shall require

unanimity within the Council."

3) Article 121(2) shall be replaced by the following:

"2. The Council shall be assisted by a General Secretariat,

under the responsibility of a Secretary-General,

High Representative for the common foreign and

security policy, who shall be assisted by a Deputy Secretary-

General responsible for the running of the

General Secretariat. The Secretary-General and the

Deputy Secretary-General shall be appointed by the Council,

acting by a qualified majority.

The Council shall decide on the organisation of the General

Secretariat."

4) Article 127(2) shall be replaced by the following:

"2. The Council, meeting in the composition of Heads of

State or Government and acting by a qualified majority,

shall nominate the person it intends to appoint as President

of the Commission; the nomination shall be approved by

the European Parliament.

The Council, acting by a qualified majority and by

common accord with the nominee for President, shall

adopt the list of the other persons whom it intends to

appoint as Members of the Commission, drawn up in

accordance with the proposals made by each Member

State.

The President and the other Members of the Commission

thus nominated shall be subject as a body to a vote of

approval by the European Parliament. After approval by

the European Parliament, the President and the other

Members of the Commission shall be appointed by the

Council, acting by a qualified majority."

5) Article 128 shall be replaced by the following:

"Article 128

Apart from normal replacement, or death, the duties of a Member of

the Commission shall end when he resigns or is compulsorily retired.

A vacancy caused by resignation, compulsory retirement or death shall

be filled for the remainder of the Member's term of office by a new

Member appointed by the Council, acting by a qualified majority. The

Council may, acting unanimously, decide that such a vacancy need not

be filled.

In the event of resignation, compulsory retirement or death, the

President shall be replaced for the remainder of his term of office. The

procedure laid down in Article 127(2) shall be applicable for the

replacement of the President.

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Save in the case of compulsory retirement under Article 129, Members

of the Commission shall remain in office until they have been replaced

or until the Council has decided that the vacancy need not be filled, as

provided for in the second paragraph of this Article."

6) Article 130 shall be replaced by the following:

"Article 130

1. The Commission shall work under the political guidance

of its President, who shall decide on its internal organisation

in order to ensure that it acts consistently, efficiently and on

the basis of collegiality.

2. The responsibilities incumbent upon the Commission

shall be structured and allocated among its Members by its

President. The President may reshuffle the allocation of

those responsibilities during the Commission's term of

office. The Members of the Commission shall carry out the

duties devolved upon them by the President under his

authority.

3. After obtaining the approval of the College, the President

shall appoint Vice-Presidents from among its Members.

4. A Member of the Commission shall resign if the President so requests,

after obtaining the approval of the College."

7) In Article 132, the first paragraph shall be deleted.

8) Article 136 shall be replaced by the following:

"Article 136

The Court of Justice and the Court of First Instance, each within

its jurisdiction, shall ensure that in the interpretation and

application of this Treaty the law is observed.

In addition, judicial panels may be attached to the Court of First

Instance under the conditions laid down in Article 140b in order to

exercise, in certain specific areas, the judicial competence laid

down in this Treaty."

9) Article 137 shall be replaced by the following:

"Article 137

The Court of Justice shall consist of one judge per Member State.

The Court of Justice shall sit in chambers or in a Grand

Chamber, in accordance with the rules laid down for that

purpose in the Statute of the Court of Justice.

When provided for in the Statute, the Court of Justice may

also sit as a full Court."

10) Article 138 shall be replaced by the following:

"Article 138

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The Court of Justice shall be assisted by eight Advocates-

General. Should the Court of Justice so request, the Council,

acting unanimously, may increase the number of Advocates-

General.

It shall be the duty of the Advocate-General, acting with

complete impartiality and independence, to make, in open

court, reasoned submissions on cases which, in accordance

with the Statute of the Court of Justice, require his

involvement."

11) Article 139 shall be replaced by the following:

"Article 139

The Judges and Advocates-General of the Court of Justice shall be

chosen from persons whose independence is beyond doubt and

who possess the qualifications required for appointment to the

highest judicial offices in their respective countries or who are

jurisconsults of recognised competence; they shall be appointed by

common accord of the governments of the Member States for a

term of six years.

Every three years there shall be a partial replacement of the Judges

and Advocates-General, in accordance with the conditions laid

down in the Statute of the Court of Justice.

The Judges shall elect the President of the Court of Justice from

among their number for a term of three years. He may be re-

elected.

Retiring Judges and Advocates-General may be reappointed.

The Court of Justice shall appoint its Registrar and lay down the

rules governing his service.

The Court of Justice shall establish its Rules of Procedure. Those

Rules shall require the approval of the Council, acting by a

qualified majority."

12) Article 140 shall be replaced by the following:

"Article 140

The Court of First Instance shall comprise at least one judge

per Member State. The number of Judges shall be

determined by the Statute of the Court of Justice. The

Statute may provide for the Court of First Instance to be

assisted by Advocates-General.

The members of the Court of First Instance shall be chosen from

persons whose independence is beyond doubt and who possess the

ability required for appointment to high judicial office. They shall be

appointed by common accord of the governments of the Member States

for a term of six years. The membership shall be partially renewed every

three years. Retiring members shall be eligible for reappointment.

The Judges shall elect the President of the Court of First Instance from

among their number for a term of three years. He may be re-elected.

The Court of First Instance shall appoint its Registrar and lay down the

rules governing his service.

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The Court of First Instance shall establish its Rules of Procedure in

agreement with the Court of Justice. Those Rules shall require the

approval of the Council, acting by a qualified majority.

Unless the Statute of the Court of Justice provides otherwise, the

provisions of this Treaty relating to the Court of Justice shall apply to the

Court of First Instance."

13) Article 140a shall be replaced by the following:

"Article 140a

1. The Court of First Instance shall have jurisdiction to hear

and determine at first instance actions or proceedings

referred to in Articles 146, 148, 151, 152 and 153 with the

exception of those assigned to a judicial panel and those

reserved in the Statute for the Court of Justice. The Statute

may provide for the Court of First Instance to have

jurisdiction for other classes of action or proceeding.

Decisions given by the Court of First Instance under this

paragraph may be subject to a right of appeal to the Court of

Justice on points of law only, under the conditions and

within the limits laid down by the Statute.

2. The Court of First Instance shall have jurisdiction to hear and

determine actions or proceedings brought against decisions of the

judicial panels set up under Article 140b.

Decisions given by the Court of First Instance under this paragraph

may exceptionally be subject to review by the Court of Justice, under

the conditions and within the limits laid down by the Statute, where

there is a serious risk of the unity or consistency of Community law

being affected.

3. The Court of First Instance shall have jurisdiction to hear and

determine questions referred for a preliminary ruling under

Article 150, in specific areas laid down by the Statute.

Where the Court of First Instance considers that the case requires a

decision of principle likely to affect the unity or consistency of

Community law, it may refer the case to the Court of Justice for a

ruling.

Decisions given by the Court of First Instance on questions referred for

a preliminary ruling may exceptionally be subject to review by the

Court of Justice, under the conditions and within the limits laid down

by the Statute, where there is a serious risk of the unity or consistency

of Community law being affected."

14) The following Article shall be inserted:

"Article 140b

The Council, acting unanimously on a proposal from the

Commission and after consulting the European Parliament

and the Court of Justice or at the request of the Court of

Justice and after consulting the European Parliament and

the Commission, may create judicial panels to hear and

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determine at first instance certain classes of action or

proceeding brought in specific areas.

The decision establishing a judicial panel shall lay down

the rules on the organisation of the panel and the extent of

the jurisdiction conferred upon it.

Decisions given by judicial panels may be subject to a

right of appeal on points of law only or, when provided for

in the decision establishing the panel, a right of appeal

also on matters of fact, before the Court of First Instance.

The members of the judicial panels shall be chosen from

persons whose independence is beyond doubt and who

possess the ability required for appointment to judicial

office. They shall be appointed by the Council, acting

unanimously.

The judicial panels shall establish their Rules of Procedure

in agreement with the Court of Justice. Those Rules shall

require the approval of the Council, acting by a qualified

majority.

Unless the decision establishing the judicial panels provides

otherwise, the provisions of this Treaty relating to the Court

of Justice and the provisions of the Statute of the Court of

Justice shall apply to the judicial panels."

15) In Article 146, the second and third paragraphs shall be replaced

by the following:

"It shall for this purpose have jurisdiction in actions brought

by a Member State, the European Parliament, the Council or

the Commission on grounds of lack of competence,

infringement of an essential procedural requirement,

infringement of this Treaty or of any rule of law relating to

its application, or misuse of powers.

The Court of Justice shall have jurisdiction under the same

conditions in actions brought by the Court of Auditors for

the purpose of protecting its prerogatives."

16) Article 160

shall be replaced by the following:

"Article 160

The Statute of the Court of Justice shall be laid down in a separate

Protocol.

The Council, acting unanimously at the request of the Court

of Justice and after consulting the European Parliament and

the Commission, or at the request of the Commission and

after consulting the European Parliament and the Court of

Justice, may amend the provisions of the Statute, with the

exception of Title I."

17)

Article 160b shall be amended as follows:

(a) Paragraph 1 shall be replaced by the following:

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"1. The Court of Auditors shall consist of one national from each

Member State."

(b) Paragraph 3 shall be replaced by the following:

"3. The Members of the Court of Auditors shall be

appointed for a term of six years. The Council, acting

by a qualified majority after consulting the

European Parliament, shall adopt the list of Members

drawn up in accordance with the proposals made by

each Member State. The term of office of the

Members of the Court of Auditors shall be renewable.

They shall elect the President of the Court of Auditors from among their

number for a term of three years. The President may be re-elected."

18) Article 160c

shall be amended as follows:

(a) Paragraph 1

shall be replaced by the following:

"1. The Court of Auditors shall examine the accounts

of all revenue and expenditure of the Community. It

shall also examine the accounts of all revenue and

expenditure of all bodies set up by the Community in

so far as the relevant constituent instrument does not

preclude such examination.

The Court of Auditors shall provide the European

Parliament and the Council with a statement of

assurance as to the reliability of the accounts and the

legality and regularity of the underlying transactions

which shall be published in the

Official Journal of the

European Union.

This statement may be supplemented

by specific assessments for each major area of

Community activity."

(b) Paragraph 4

shall be replaced by the following:

"4. The Court of Auditors shall draw up an annual

report after the close of each financial year. It shall be

forwarded to the other institutions of the Community

and shall be published, together with the replies of

these institutions to the observations of the Court of

Auditors, in the

Official Journal of the European Union.

The Court of Auditors may also, at any time, submit

observations, particularly in the form of special

reports, on specific questions and deliver opinions at

the request of one of the other institutions of the

Community.

It shall adopt its annual reports, special reports or

opinions by a majority of its Members. However, it

may establish internal chambers in order to adopt

certain categories of reports or opinions under the

conditions laid down by its Rules of Procedure.

It shall assist the European Parliament and the

Council in exercising their powers of control over the

implementation of the budget.

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The Court of Auditors shall draw up its Rules of

Procedure. Those rules shall require the approval of

the Council, acting by a qualified majority."

19) In Article 163, the first paragraph

shall be replaced by the following:

"Regulations shall be published in the

Official Journal of the

European Union.

They shall enter into force on the date

specified in them or, in the absence thereof, on the

twentieth day following that of their publication."

20) Article 165

shall be replaced by the following:

"Article 165

An Economic and Social Committee is hereby established. It shall have

advisory status.

The Committee shall consist of representatives of the

various economic and social components of organised civil

society, and in particular representatives of producers,

farmers, carriers, workers, dealers, craftsmen, professional

occupations, consumers and the general interest."

21) Article 166

shall be replaced by the following:

"Article 166

The number of members of the Economic and Social

Committee shall not exceed 350.

The number of members of the Committee shall be as follows:

Belgium 12

Denmark 9

Germany 24

Greece 12

Spain 21

France 24

Ireland 9

Italy 24

Luxembourg 6

Netherlands 12

Austria 12

Portugal 12

Finland 9

Sweden 12

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United Kingdom 24

The members of the Committee may not be bound by any

mandatory instructions. They shall be completely

independent in the performance of their duties, in the

general interest of the Community.

The Council, acting by a qualified majority, shall

determine the allowances of members of the Committee."

22) Article 167(1) shall be replaced by the following:

"1. The members of the Committee shall be appointed for four years,

on proposals from the Member States. The Council, acting by a

qualified majority, shall adopt the list of members drawn up in

accordance with the proposals made by each Member State. The term

of office of the members of the Committee shall be renewable."

23) Article 183

shall be replaced by the following:

"Article 183

1. The Council, acting unanimously on a proposal from

the Commission and after consulting the European

Parliament and obtaining the opinion of the Court of

Auditors, shall:

(a) make Financial Regulations specifying in

particular the procedure to be adopted for

establishing and implementing the budget and for

presenting and auditing accounts;

(b) lay down rules concerning the responsibility of

financial controllers, authorising officers and

accounting officers, and concerning appropriate

arrangements for inspection.

From 1 January 2007, the Council shall act by a qualified

majority on a proposal from the Commission and after

consulting the European Parliament and obtaining the

opinion of the Court of Auditors.

2. The Council, acting unanimously on a proposal from

the

Commission

and

after

consulting

the

European Parliament and obtaining the opinion of the

Court of Auditors, shall determine the methods and

procedure whereby the budget revenue provided under the

arrangements relating to the Community's own resources

shall be made available to the Commission and determine

the measures to be applied, if need be, to meet cash

requirements."

24) Article 190

shall be replaced by the following:

"Article 190

The rules governing the languages of the institutions of the

Community shall, without prejudice to the provisions

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contained in the Statute of the Court of Justice, be

determined by the Council, acting unanimously."

25) Article 204 shall be amended as follows:

(a) in paragraph 1, the terms "Article F.1(2)" shall be replaced by

"Article 7(3)";

(b) in paragraph 2, the terms "Article F.1" shall be replaced by

"Article 6(1)" and the terms "Article F.1(1)" shall be replaced by

"Article 7(2)".

ARTICLE 4

The Treaty establishing the European Coal and Steel Community shall

be amended in accordance with the provisions of this Article.

1) Article 10(2)

shall be replaced by the following:

"2. The Council, meeting in the composition of Heads of

State or Government and acting by a qualified majority, shall

nominate the person it intends to appoint as President of

the Commission; the nomination shall be approved by the

European Parliament.

The Council, acting by a qualified majority and by common

accord with the nominee for President, shall adopt the list of

the other persons whom it intends to appoint as Members

of the Commission, drawn up in accordance with the

proposals made by each Member State.

The President and the other Members of the Commission thus

nominated shall be subject as a body to a vote of approval by the

European Parliament. After approval by the European Parliament, the

President and the other Members of the Commission shall be

appointed by the Council, acting by a qualified majority."

2) Article 11

shall be replaced by the following:

"Article 11

1. The Commission shall work under the political guidance

of its President, who shall decide on its internal organisation

in order to ensure that it acts consistently, efficiently and on

the basis of collegiality.

2. The responsibilities incumbent upon the Commission

shall be structured and allocated among its Members by its

President. The President may reshuffle the allocation of

those responsibilities during the Commission's term of

office. The Members of the Commission shall carry out the

duties devolved upon them by the President under his

authority.

3. After obtaining the approval of the College, the President

shall appoint Vice-Presidents from among its Members.

4. A Member of the Commission shall resign if the President so requests,

after obtaining the approval of the College."

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3) Article 12 shall be replaced by the following:

"Article 12

Apart from normal replacement, or death, the duties of a

Member of the Commission shall end when he resigns or

is compulsorily retired.

A vacancy caused by resignation, compulsory retirement

or death shall be filled for the remainder of the Member's

term of office by a new Member appointed by the Council

acting by a qualified majority. The Council may, acting

unanimously, decide that such a vacancy need not be

filled.

In the event of resignation, compulsory retirement or

death, the President shall be replaced for the remainder of

his term of office. The procedure laid down in Article 10

(2) shall be applicable for the replacement of the

President.

Save in the case of compulsory retirement under

Article 12a, Members of the Commission shall remain in

office until they have been replaced or until the Council

has decided that the vacancy need not be filled, as

provided for in the second paragraph of this Article."

4) In Article 13, the first paragraph shall be deleted.

5) In Article 20, the second paragraph

shall be replaced by the following:

"The

number of Members of the European Parliament shall not exceed

732."

6) Article 21(5) shall be replaced by the following:

"5. The European Parliament, after seeking an opinion from

the Commission and with the approval of the Council acting

by a qualified majority, shall lay down the regulations and

general conditions governing the performance of the duties

of its Members. All rules or conditions relating to the

taxation of current or former Members shall require

unanimity within the Council."

7) Article 30(2)

shall be replaced by the following:

"2. The Council shall be assisted by a General Secretariat,

under the responsibility of a Secretary-General,

High Representative for the common foreign and

security policy, who shall be assisted by a Deputy Secretary-

General responsible for the running of the

General Secretariat. The Secretary-General and the

Deputy Secretary-General shall be appointed by the Council,

acting by a qualified majority.

The Council shall decide on the organisation of the General Secretariat."

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8) Article 31

shall be replaced by the following:

"Article 31

The Court of Justice and the Court of First Instance, each

within its jurisdiction, shall ensure that in the interpretation

and application of this Treaty the law is observed.

In addition, judicial panels may be attached to the Court of

First Instance under the conditions laid down in Article 32e

in order to exercise, in certain specific areas, the judicial

competence laid down in this Treaty."

9) Article 32

shall be replaced by the following:

"Article 32

The Court of Justice shall consist of one judge per Member State.

The Court of Justice shall sit in chambers or in a Grand

Chamber, in accordance with the rules laid down for that

purpose in the Statute of the Court of Justice.

When provided for in the Statute, the Court of Justice may also sit as a

full Court."

10) Article 32a

shall be replaced by the following:

"Article 32a

The Court of Justice shall be assisted by eight Advocates-

General. Should the Court of Justice so request, the Council,

acting unanimously, may increase the number of Advocates-

General.

It shall be the duty of the Advocate-General, acting with

complete impartiality and independence, to make, in open

court, reasoned submissions on cases which, in accordance

with the Statute of the Court of Justice, require his

involvement."

11) Article 32b

shall be replaced by the following:

"Article 32b

The Judges and Advocates-General of the Court of Justice

shall be chosen from persons whose independence is

beyond doubt and who possess the qualifications required

for appointment to the highest judicial offices in their

respective countries or who are jurisconsults of recognised

competence; they shall be appointed by common accord of

the governments of the Member States for a term of six

years.

Every three years there shall be a partial replacement of the

Judges and Advocates-General, in accordance with the

conditions laid down in the Statute of the Court of Justice.

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The Judges shall elect the President of the Court of Justice

from among their number for a term of three years. He may

be re-elected.

Retiring Judges and Advocates-General may be reappointed.

The Court of Justice shall appoint its Registrar and lay down

the rules governing his service.

The Court of Justice shall establish its Rules of Procedure.

These shall require the approval of the Council, acting by a

qualified majority."

12) Article 32c

shall be replaced by the following:

"Article 32c

The Court of First Instance shall comprise at least one judge

per Member State. The number of Judges shall be

determined by the Statute of the Court of Justice. The

Statute may provide for the Court of First Instance to be

assisted by Advocates-General.

The members of the Court of First Instance shall be chosen

from persons whose independence is beyond doubt and

who possess the ability required for appointment to high

judicial office. They shall be appointed by common accord

of the governments of the Member States for a term of six

years. The membership shall be partially renewed every three

years. Retiring members shall be eligible for reappointment.

The Judges shall elect the President of the Court of First

Instance from among their number for a term of three years.

He may be re-elected.

The Court of First Instance shall appoint its Registrar and lay down the

rules governing his service.

The Court of First Instance shall establish its Rules of Procedure in

agreement with the Court of Justice. Those Rules shall require the

approval of the Council, acting by a qualified majority.

Unless the Statute of the Court of Justice provides otherwise, the

provisions of this Treaty relating to the Court of Justice shall apply to the

Court of First Instance."

13) Article 32d

shall be replaced by the following:

"Article 32d

1. The Court of First Instance shall have jurisdiction to hear

and determine at first instance actions or proceedings

referred to in Articles 33, 34, 35, 36, 38, 40 and 42, with the

exception of those assigned to a judicial panel and those

reserved in the Statute for the Court of Justice. The Statute

may provide for the Court of First Instance to have

jurisdiction for other classes of action or proceeding.

Decisions given by the Court of First Instance under this

paragraph may be subject to a right of appeal to the Court of

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Justice on points of law only, under the conditions and

within the limits laid down by the Statute.

2. The Court of First Instance shall have jurisdiction to hear and

determine actions or proceedings brought against decisions of the

judicial panels set up under Article 32e.

Decisions given by the Court of First Instance under this paragraph

may exceptionally be subject to review by the Court of Justice, under

the conditions and within the limits laid down by the Statute, where

there is a serious risk of the unity or consistency of Community law

being affected.

3. The Court of First Instance shall have jurisdiction to hear and

determine questions referred for a preliminary ruling under Article 41,

in specific areas laid down by the Statute.

Where the Court of First Instance considers that the case requires a

decision of principle likely to affect the unity or consistency of

Community law, it may refer the case to the Court of Justice for a

ruling.

Decisions given by the Court of First Instance on questions referred for

a preliminary ruling may exceptionally be subject to review by the

Court of Justice, under the conditions and within the limits laid down

by the Statute, where there is a serious risk of the unity or consistency

of Community law being affected."

14) The following Article

shall be inserted:

"Article 32e

The Council, acting unanimously on a proposal from the

Commission and after consulting the European Parliament

and the Court of Justice or at the request of the Court of

Justice and after consulting the European Parliament and

the Commission, may create judicial panels to hear and

determine at first instance certain classes of action or

proceeding brought in specific areas.

The decision establishing a judicial panel shall lay down the

rules on the organisation of the panel and the extent of the

jurisdiction conferred upon it.

Decisions given by judicial panels may be subject to a right

of appeal on points of law only or, when provided for in the

decision establishing the panel, a right of appeal also on

matters of fact, before the Court of First Instance.

The members of the judicial panels shall be chosen from persons whose

independence is beyond doubt and who possess the ability required for

appointment to judicial office. They shall be appointed by the Council,

acting unanimously.

The judicial panels shall establish their Rules of Procedure in agreement

with the Court of Justice. Those Rules shall require the approval of the

Council, acting by a qualified majority.

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Unless the decision establishing the judicial panels provides otherwise,

the provisions of this Treaty relating to the Court of Justice and the

provisions of the Statute of the Court of Justice shall apply to the judicial

panels."

15) Article 33 shall be amended as follows:

(a) the first paragraph shall be replaced by the following:

"The Court of Justice shall have jurisdiction in actions

brought by a Member State, by the European

Parliament or by the Council to have decisions or

recommendations of the Commission declared void

on grounds of lack of competence, infringement of an

essential procedural requirement, infringement of this

Treaty or of any rule of law relating to its application,

or misuse of powers. The Court of Justice may not,

however, examine the evaluation of the situation,

resulting from economic fac ts or circumstances, in

the light of which the Commission took its decisions

or made its recommendations, save where the

Commission is alleged to have misused its powers or

to have manifestly failed to observe the provisions of

this Treaty or any rule of law relating to its

application.";

(b) the fourth paragraph shall be replaced by the following:

"The Court of Justice shall have jurisdiction under the same

conditions in actions brought by the Court of Auditors for the

purpose of protecting its prerogatives."

16) Article 45

shall be replaced by the following:

"Article 45

The Statute of the Court of Justice shall be laid down in a separate

Protocol.

The Council, acting unanimously at the request of the Court

of Justice and after consulting the European Parliament and

the Commission, or at the request of the Commission and

after consulting the European Parliament and the Court of

Justice, may amend the provisions of the Statute."

17) Article 45b,

shall be amended as follows:

(a) Paragraph 1 shall be replaced by the following:

"1. The Court of Auditors shall consist of one national from each

Member State."

(b) Paragraph 3 shall be replaced by the following:

"3. The Members of the Court of Auditors shall be

appointed for a term of six years. The Council, acting

by a qualified majority after consulting the

European Parliament, shall adopt the list of Members

drawn up in accordance with the proposals made by

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each Member State. The term of office of the

Members of the Court of Auditors shall be renewable.

They shall elect the President of the Court of

Auditors from among their number for a term of

three years. The President may be re-elected."

18) Article 45c

shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

"1. The Court of Auditors shall examine the accounts

of all revenue and expenditure of the Community. It

shall also examine the accounts of all revenue and

expenditure of all bodies set up by the Community in

so far as the relevant constituent instrument does not

preclude such examination.

The Court of Auditors shall provide the European

Parliament and the Council with a statement of

assurance as to the reliability of the accounts and the

legality and regularity of the underlying transactions

which shall be published in the

Official Journal of the

European Union.

This statement may be supplemented

by specific assessment for each major area of

Community activity.";

(b) Paragraph 4 shall be replaced by the following:

"4. The Court of Auditors shall draw up an annual

report after the close of each financial year. It shall be

forwarded to the other institutions of the Community

and shall be published, together with the replies of

these institutions to the observations of the Court of

Auditors, in the

Official Journal of the European Union.

The Court of Auditors may also, at any time, submit

observations, particularly in the form of special

reports, on specific questions and deliver opinions at

the request of one of the other institutions of the

Community.

It shall adopt its annual reports, special reports or

opinions by a majority of its Members. However, it

may establish internal chambers in order to adopt

certain categories of reports or opinions under the

conditions laid down by its Rules of Procedure.

It shall assist the European Parliament and the

Council in exercising their powers of control over the

implementation of the budget.

The Court of Auditors shall draw up its Rules of

Procedure. Those rules shall require the approval of

the Council, acting by a qualified majority."

19) Article 96

shall be amended as follows:

(a) in paragraph 1 the terms "Article F.1(2)" shall be replaced by

"Article 7(3)";

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(b) in paragraph 2 the terms "Article F(1)" shall be replaced by

"Article 6(1)" and the terms "Article F.1(1)" shall be replaced by

"Article 7(2)".

ARTICLE 5

The Protocol on the Statute of the European System of Central Banks

and of the European Central Bank shall be amended in accordance

with the provisions of this Article.

In Article 10, the following paragraph shall be added:

"10.6 Article 10.2 may be amended by the Council meeting in the

composition of the Heads of State or Government, acting unanimously

either on a recommendation from the ECB and after consulting the

European Parliament and the Commission, or on a recommendation

from the Commission and after consulting the European Parliament and

the ECB. The Council shall recommend such amendments to the

Member States for adoption. These amendments shall ente r into force

after having been ratified by all the

Member States

in accordance with

their respective constitutional requirements.

A recommendation made by the ECB under this paragraph shall

require a decision by the Governing Council acting unanimously."

ARTICLE 6

The Protocol on the privileges and immunities of the European

Communities shall be amended in accordance with the provisions of this

Article.

Article 21

shall be replaced by the following:

"Article 21

Articles 12 to 15 and Article 18 shall apply to the Judges, the Advocates-

General, the Registrar and the Assistant Rapporteurs of the Court of

Justice and to the Members and Registrar of the Court of First Instance,

without prejudice to the provisions of Article 3 of the Protocol on the

Statute of the Court of Justice relating to immunity from legal

proceedings of Judges and Advocates-General."

PART TWO

TRANSITIONAL AND FINAL PROVISIONS

ARTICLE 7

Articles 1 to 20, Article 44, Article 45, Article 46, second and third

paragraphs, Articles 47 to 49 and Articles 51, 52, 54 and 55 of the

Protocol on the Statute of the Court of Justice of the European Coal

and Steel Community are hereby repealed.

ARTICLE 8

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Without prejudice to the Articles of the Protocol on the Statute of the

Court of Justice of the European Coal and Steel Community which

remain in force, the provisions of the Protocol on the Statute of the

Court of Justice annexed to the Treaty on European Union, to the

Treaty establishing the European Community and to the Treaty

establishing the European Atomic Energy Community shall apply

when the Court of Justice exercises its powers pursuant to the

provisions of the Treaty establishing the Eur opean Coal and Steel

Community.

ARTICLE 9

The Protocols on the Statute of the Court of Justice annexed to the

Treaty establishing the European Community and to the Treaty

establishing the European Atomic Energy Community are hereby

repealed and replaced by the Protocol on the Statute of the Court of

Justice annexed by this Treaty to the Treaty on European Union, to the

Treaty establishing the European Community and to the Treaty

establishing the European Atomic Energy Community.

ARTICLE 10

Council Decision 88/591/ECSC, EEC, Euratom of 24 October 1988

establishing a Court of First Instance of the European Communities, as

amended, is hereby repealed, with the exception of Article 3 insofar as

the Court of First Instance exercises, pursuant to the said Article, the

jurisdiction conferred on the Court of Justice by the Treaty establishing

the European Coal and Steel Community.

ARTICLE 11

This Treaty is concluded for an unlimited period.

ARTICLE 12

1. This Treaty shall be ratified by the High Contracting Parties in

accordance with their respective constitutional requirements. The

instruments of ratification shall be deposited with the Government of

the Italian Republic.

2. This Treaty shall enter into force on the first day of the second

month following that in which the instrument of ratification is

deposited by the last signatory State to fulfil that formality.

ARTICLE 13

This Treaty, drawn up in a single original in the Danish, Dutch,

English, Finnish, French, German, Greek, Irish, Italian, Portuguese,

Spanish and Swedish languages, the texts in each of these languages

being equally authentic, shall be deposited in the archives of the

Government of the Italian Republic, which will transmit a certified

copy to each of the governments of the other signatory States.

IN WITNESS WHEREOF the undersigned Plenipotentiaries have

signed this Treaty.

Done at Nice this twenty{{SPA}}sixth day of February in the year two

thousand and one.

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PROTOCOLS

PROTOCOL ANNEXED TO

THE TREATY ON EUROPEAN UNION

AND TO THE TREATIES

ESTABLISHING THE EUROPEAN

COMMUNITIES

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PROTOCOL

ON THE ENLARGEMENT

OF THE EUROPEAN UNION

THE HIGH CONTRACTING PARTIES

HAVE AGREED UPON the following provisions, which shall be

annexed to the Treaty on European Union and to the Treaties

establishing the European Communities:

ARTICLE 1

Repeal of the Protocol on the institutions

The Protocol on the institutions with the prospect of enlargement of

the European Union, annexed to the Treaty on European Union and to

the Treaties establishing the European Communities, is hereby

repealed.

ARTICLE 2

Provisions concerning the European Parliament

1. On 1 January 2004 and with effect from the start of the 2004

{{SPA}}2009 term, in Article 190(2) of the Treaty establishing the

European Community and in Article 108(2) of the Treaty establishing

the European Atomic Energy Community, the first subparagraph shall

be replaced by the following:

"The number of representatives elected in each Member State shall be

as follows:

Belgium 22

Denmark 13

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Germany 99

Greece 22

Spain 50

France 72

Ireland 12

Italy 72

Luxembourg 6

Netherlands 25

Austria 17

Portugal 22

Finland 13

Sweden 18

United Kingdom 72"

2. Subject to paragraph 3, the total number of representatives in the

European Parliament for the 2004-2009 term shall be equal to the

number of representatives specified in Article 190(2) of the Treaty

establishing the European Community and in Article 108(2) of the

Treaty establishing the European Atomic Energy Community plus the

number of representatives of the new Member States resulting from the

accession treaties signed by 1 January 2004 at the latest.

3. If the total number of members referred to in paragraph 2 is

less than 732, a

pro rata

correction shall be applied to the number of

representatives to be elected in each Member State, so that the total

number is as close as possible to 732, without such a correction

leading to the number of representatives to be elected in each Member

State being higher than that provided for in Article 190(2) of the

Treaty establishing the European Community and in Article 108(2) of

the Treaty establishing the European Atomic Energy Community for

the 1999-2004 term.

The Council shall adopt a decision to that effect.

4. By way of derogation from the second paragraph of Article 189 of

the Treaty establishing the European Community and from the second

paragraph of Article 107 of the Treaty establishing the European

Atomic Energy Community, in the event of the entry into force of

accession treaties after the adoption of the Council decision provided

for in the second subparagraph of paragraph 3 of this Article, the

number of members of the European Parliament may temporarily

exceed 732 for the per iod for which that decision applies. The same

correction as that referred to in the first subparagraph of paragraph 3 of

this Article shall be applied to the number of representatives to be

elected in the Member States in question.

ARTICLE 3

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Provisions concerning the weighting of votes in the Council

1. On 1 January 2005:

a. in Article 205 of the Treaty establishing the

European Community and in Article 118 of the Treaty

establishing the European Atomic Energy Community:

◾

paragraph 2 shall be replaced by the following:

"2. Where the Council is required to act by a qualified majority, the

votes of its members shall be weighted as follows:

Belgium 12

Denmark 7

Germany 29

Greece 12

Spain 27

France 29

Ireland 7

Italy 29

Luxembourg 4

Netherlands 13

Austria 10

Portugal 12

Finland 7

Sweden 10

United Kingdom 29

Acts of the Council shall require for their adoption

at least 169 votes in favour cast by a majority of the

members where this Treaty requires them to be

adopted on a proposal from the Commission.

In other cases, for their adoption acts of the Council

shall require at least 169 votes in favour, cast by at

least two-thirds of the members."

(ii) the following paragraph 4 shall be added:

"4. When a decision is to be adopted by the Council

by a qualified majority, a member of the Council

may request verification that the Member States

constituting the qualified majority represent at

least 62% of the total population of the Union. If

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that condition is shown not to have been met, the

decision in question shall not be adopted."

a. In Article 23(2) of the Treaty on European Union, the

third subparagraph shall be replaced by the following text:

"The votes of the members of the Council shall be weighted in

accordance with Article 205(2) of the Treaty establishing the

European Community. For their adoption, decisions shall require

at least 169 votes in favour cast by at least two-thirds of the

members. When a decision is to be adopted by the Council by a

qualified majority, a member of the Council may request

verification that the Member States constituting the qualified

majority represent at least 62% of the tota l population of the

Union. If that condition is shown not to have been met, the

decision in question shall not be adopted."

b. In Article 34 of the Treaty on European Union, paragraph 3 shall

be replaced by the following:

"3. Where the Council is required to act by a qualified

majority, the votes of its members shall be weighted

as laid down in Article 205(2) of the Treaty

establishing the European Community, and for their

adoption acts of the Council shall require at least

169 votes in favour, cast by at least two-thirds of the

members. When a decision is to be adopted by the

Council by a qualified majority, a member of the

Council may request verification that the Member

States constituting the qualified majority represent at

least 62% of the total population of the Union. If that

condition is shown not to have been met, the decision

in question shall not be adopted."

2. At the time of each accession, the threshold referred to in the second

subparagraph of Article 205(2) of the Treaty establishing the European

Community and in the second subparagraph of Article 118(2) of the

Treaty establishing the European Atomic Energy Community shall be

calculated in such a way that the qualified majority threshold

expressed in votes does not exceed the threshold resulting from the

table in the Declaration on the enlargement of the European Union,

included in the Final Act of the Conference which adopted the Treaty

of Nice.

ARTICLE 4

Provisions concerning the Commission

1. From 1 January 2005 and with effect from when the first

Commission following that date takes up its duties, Article 213(1) of

the Treaty establishing the European Community and Article 126(1) of

the Treaty establishing the European Atomic Energy Community shall

be replaced by the following:

"1. The Members of the Commission shall be chosen on

the grounds of their general competence and their

independence shall be beyond doubt.

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The Commission shall include one national of each of the

Member States.

The number of Members of the Commission may be

altered by the Council, acting unanimously."

2. When the Union consists of 27 Member States, Article 213(1) of the

Treaty establishing the European Community and Article 126(1) of the

Treaty establishing the European Atomic Energy Community shall be

replaced by the following:

"1. The Members of the Commission shall be chosen on the grounds of

their general competence and their independence shall be beyond

doubt.

The number of Members of the Commission shall be less than the

number of Member States. The Members of the Commission shall be

chosen according to a rotation system based on the principle of

equality, the implementing arrangements for which shall be adopted by

the Council, acting unanimously.

The number of Members of the Commission shall be set by the

Council, acting unanimously."

This amendment shall apply as from the date on which the first

Commission following the date of accession of the twenty-seventh

Member State of the Union takes up its duties.

3. The Council, acting unanimously after signing the treaty of

accession of the twenty-seventh Member State of the Union, shall

adopt:

{{SPA}} the number of Members of the Commission;

{{SPA}} the implementing arrangements for a rotation

system based on the principle of equality containing all

the criteria and rules necessary for determining the

composition of successive colleges automatically on the

basis of the following principles:

(a) Member States shall be treated on a strictly

equal footing as regards determination of the

sequence of, and the time spent by, their nationals

as Members of the Commission; consequently, the

difference between the total number of terms of

office held by nationals of any given pair of

Member States may never be more than one;

(b) subject to point (a), each successive college shall

be so composed as to reflect satisfactorily the

demographic and geographical range of all the

Member States of the Union.

4. Any State which accedes to the Union shall be entitled, at the time

of its accession, to have one of its nationals as a Member of the

Commission until paragraph 2 applies.

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PROTOCOL ANNEXED TO

THE TREATY ON EUROPEAN UNION,

TO THE TREATY ESTABLISHING

THE EUROPEAN COMMUNITY AND TO

THE TREATY ESTABLISHING THE

EUROPEAN ATOMIC ENERGY

COMMUNITY

PROTOCOL

ON THE STATUTE

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OF THE

COURT OF JUSTICE

THE HIGH CONTRACTING PARTIES

DESIRING to lay down the Statute of the Court of Justice provided for

in Article 245 of the Treaty establishing the European Community and in

Article 160 of the Treaty establishing the European Atomic Energy

Community,

HAVE AGREED upon the following provisions, which shall be annexed

to the Treaty on European Union, the Treaty establishing the European

Community and the Treaty establishing the European Atomic Energy

Community:

ARTICLE 1

The Court of Justice shall be constituted and shall function in accordance

with the provisions of the Treaty on European Union (EU Treaty), of the

Treaty establishing the European Community (EC Treaty), of the Treaty

establishing the European Atomic Energy Community (EAEC Treaty)

and of this Statute.

TITLE I

JUDGES

AND ADVOCATES-GENERAL

ARTICLE 2

Before taking up his duties each Judge shall, in open court, take an

oath to perform his duties impartially and conscientiously and to

preserve the secrecy of the deliberations of the Court.

ARTICLE 3

The Judges shall be immune from legal proceedings. After they have

ceased to hold office, they shall continue to enjoy immunity in respect

of acts performed by them in their official capacity, including words

spoken or written.

The Court, sitting as a full Court, may waive the immunity.

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Where immunity has been waived and criminal proceedings are

instituted against a Judge, he shall be tried, in any of the Member

States, only by the court competent to judge the members of the

highest national judiciary.

Articles 12 to 15 and Article 18 of the Protocol on the privileges and

immunities of the European Communities shall apply to the Judges,

Advocates-General, Registrar and Assistant Rapporteurs of the Court,

without prejudice to the provisions relating to immunity from legal

proceedings of Judges which are set out in the preceding paragraphs.

ARTICLE 4

The Judges may not hold any political or administrative office.

They may not engage in any occupation, whether gainful or not, unless

exemption is exceptionally granted by the Council.

When taking up their duties, they shall give a solemn undertaking that,

both during and after their term of office, they will respect the

obligations arising therefrom, in particular the duty to behave with

integrity and discretion as regards the acceptance, after they have

ceased to hold office, of certain appointments or benefits.

Any doubt on this point shall be settled by decision of the Court.

ARTICLE 5

Apart from normal replacement, or death, the duties of a Judge shall

end when he resigns.

Where a Judge resigns, his letter of resignation shall be addressed to

the President of the Court for transmission to the President of the

Council. Upon this notification a vacancy shall arise on the bench.

Save where Article 6 applies, a Judge shall continue to hold office

until his successor takes up his duties.

ARTICLE 6

A Judge may be deprived of his office or of his right to a pension or

other benefits in its stead only if, in the unanimous opinion of the

Judges and Advocates-General of the Court, he no longer fulfils the

requisite conditions or meets the obligations arising from his office.

The Judge concerned shall not take part in any such deliberations.

The Registrar of the Court shall communicate the decision of the Court

to the President of the European Parliament and to the President of the

Commission and shall notify it to the President of the Council.

In the case of a decision depriving a Judge of his office, a vacancy

shall arise on the bench upon this latter notification.

ARTICLE 7

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A Judge who is to replace a member of the Court whose term of office

has not expired shall be appointed for the remainder of his

predecessor's term.

ARTICLE 8

The provisions of Articles 2 to 7 shall apply to the Advocates-General.

TITLE II

ORGANISATION

ARTICLE 9

When, every three years, the Judges are partially replaced, eight and seven

Judges shall be replaced alternately.

When, every three years, the Advocates-General are partially replaced,

four Advocates-General shall be replaced on each occasion.

ARTICLE 10

The Registrar shall take an oath before the Court to perform his duties

impartially and conscientiously and to preserve the secrecy of the

deliberations of the Court.

ARTICLE 11

The Court shall arrange for replacement of the Registrar on occasions

when he is prevented from attending the Court.

ARTICLE 12

Officials and other servants shall be attached to the Court to enable it to

function. They shall be responsible to the Registrar under the authority of

the President.

ARTICLE 13

On a proposal from the Court, the Council may, acting unanimously,

provide for the appointment of Assistant Rapporteurs and lay down the

rules governing their service. The Assistant Rapporteurs may be required,

under conditions laid down in the Rules of Procedure, to participate in

preparatory inquiries in cases pending before the Court and to cooperate

with the Judge who acts as Rapporteur.

The Assistant Rapporteurs shall be chosen from persons whose

independence is beyond doubt and who possess the necessary legal

qualifications; they shall be appointed by the Council. They shall take an

oath before the Court to perform their duties impartially and

conscientiously and to preserve the secrecy of the deliberations of the

Court.

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ARTICLE 14

The Judges, the Advocates-General and the Registrar shall be required to

reside at the place where the Court has its seat.

ARTICLE 15

The Court shall remain permanently in session. The duration of the

judicial vacations shall be determined by the Court with due regard to

the needs of its business.

ARTICLE 16

The Court shall form chambers consisting of three and five Judges.

The Judges shall elect the Presidents of the chambers from among their

number. The Presidents of the chambers of five Judges shall be elected

for three years. They may be re-elected once.

The Grand Chamber shall consist of eleven Judges. It shall be presided

over by the President of the Court. The Presidents of the chambers of

five Judges and other Judges appointed in accordance with the

conditions laid down in the Rules of Procedure shall also form part of

the Grand Chamber.

The Court shall sit in a Grand Chamber when a Member State or an

institution of the Communities that is party to the proceedings so

requests.

The Court shall sit as a full Court where cases are brought before it

pursuant to Article 195(2), Article 213(2), Article 216 or Article 247

(7) of the EC Treaty or Article 107d(2), Article 126(2), Article 129 or

Article 160b(7) of the EAEC Treaty.

Moreover, where it considers that a case before it is of exceptional

importance, the Court may decide, after hearing the Advocate-General,

to refer the case to the full Court.

ARTICLE 17

Decisions of the Court shall be valid only when an uneven number of its

members is sitting in the deliberations.

Decisions of the chambers consisting of either three or five Judges shall

be valid only if they are taken by three Judges.

Decisions of the Grand Chamber shall be valid only if nine Judges are

sitting.

Decisions of the full Court shall be valid only if eleven Judges are sitting.

In the event of one of the Judges of a chamber being prevented from

attending, a Judge of another chamber may be called upon to sit in

accordance with conditions laid down in the Rules of Procedure.

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ARTICLE 18

No Judge or Advocate-General may take part in the disposal of any case

in which he has previously taken part as agent or adviser or has acted for

one of the parties, or in which he has been called upon to pronounce as a

member of a court or tribunal, of a commission of inquiry or in any other

capacity.

If, for some special reason, any Judge or Advocate-General considers that

he should not take part in the judgment or examination of a particular

case, he shall so inform the President. If, for some special reason, the

President considers that any Judge or Advocate-General should not sit or

make submissions in a particular case, he shall notify him accordingly.

Any difficulty arising as to the application of this Article shall be settled

by decision of the Court.

A party may not apply for a change in the composition of the Court or of

one of its chambers on the grounds of either the nationality of a Judge or

the absence from the Court or from the chamber of a Judge of the

nationality of that party.

TITLE III

PROCEDURE

ARTICLE 19

The Member States and the institutions of the Communities shall be

represented before the Court by an agent appointed for each case; the

agent may be assisted by an adviser or by a lawyer.

The States, other than the Member States, which are parties to the

Agreement on the European Economic Area and also the EFTA

Surveillance Authority referred to in that Agreement shall be represented

in same manner.

Other parties must be represented by a lawyer.

Only a lawyer authorised to practise before a court of a Member State or

of another State which is a party to the Agreement on the European

Economic Area may represent or assist a party before the Court.

Such agents, advisers and lawyers shall, when they appear before the

Court, enjoy the rights and immunities necessary to the independent

exercise of their duties, under conditions laid down in the Rules of

Procedure.

As regards such advisers and lawyers who appear before it, the Court

shall have the powers normally accorded to courts of law, under

conditions laid down in the Rules of Procedure.

University teachers being nationals of a Member State whose law accords

them a right of audience shall have the same rights before the Court as

are accorded by this Article to lawyers.

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ARTICLE 20

The procedure before the Court shall consist of two parts: written and

oral.

The written procedure shall consist of the communication to the parties

and to the institutions of the Communities whose decisions are in

dispute, of applications, statements of case, defences and observations,

and of replies, if any, as well as of all papers and documents in support or

of certified copies of them.

Communications shall be made by the Registrar in the order and within

the time laid down in the Rules of Procedure.

The oral procedure shall consist of the reading of the report presented by

a Judge acting as Rapporteur, the hearing by the Court of agents, advisers

and lawyers and of the submissions of the Advocate-General, as well as

the hearing, if any, of witnesses and experts.

Where it considers that the case raises no new point of law, the Court

may decide, after hearing the Advocate-General, that the case shall be

determined without a submission from the Advocate-General.

ARTICLE 21

A case shall be brought before the Court by a written application

addressed to the Registrar. The application shall contain the applicant's

name and permanent address and the description of the signatory, the

name of the party or names of the parties against whom the application is

made, the subject-matter of the dispute, the form of order sought and a

brief statement of the pleas in law on which the application is based.

The application shall be accompanied, where appropriate, by the measure

the annulment of which is sought or, in the circumstances referred to in

Article 232 of the EC Treaty and Article 148 of the EAEC Treaty, by

documentary evidence of the date on which an institution was, in

accordance with those Articles, requested to act. If the documents are not

submitted with the application, the Registrar shall ask the party

concerned to produce them within a reasonable period, but in th at event

the rights of the party shall not lapse even if such documents are

produced after the time-limit for bringing proceedings.

ARTICLE 22

A case governed by Article 18 of the EAEC Treaty shall be brought

before the Court by an appeal addressed to the Registrar. The appeal shall

contain the name and permanent address of the applicant and the

description of the signatory, a reference to the decision against which the

appeal is brought, the names of the respondents, the subject-matter of

the dispute, the submissions and a brief statement of the grounds on

which the appeal is based.

The appeal shall be accompanied by a certified copy of the decision of

the Arbitration Committee which is contested.

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If the Court rejects the appeal, the decision of the

Arbitration Committee shall become final.

If the Court annuls the decision of the Arbitration Committee, the matter

may be re-opened, where appropriate, on the initiative of one of the

parties in the case, before the Arbitration Committee. The latter shall

conform to any decisions on points of law given by the Court.

ARTICLE 23

In the cases governed by Article 35(1) of the EU Treaty, by Article 234 of the EC Treaty and by Article 150 of the

EAEC Treaty, the decision of the court or tribunal of a Member State which suspends its proceedings and refers a

case to the Court shall be notified to the Court by the court or tribunal concerned. The decision shall then be

notified by the Registrar of the Court to the parties, to the Member States and to the Commission, and also to the

Council or to the European Central Bank if the act the validity or interpretation of which is in dispute originates

from one of them, and to the European Parliament and the Council if the act the validity or interpretation of which

is in dispute was adopted jointly by those two institutions.

Within two months of this notification, the parties, the Member States,

the Commission and, where appropriate, the European Parliament, the

Council and the European Central Bank, shall be entitled to submit

statements of case or written observations to the Court.

In the cases governed by Article 234 of the EC Treaty, the decision of

the national court or tribunal shall, moreover, be notified by the Registrar

of the Court to the States, other than the Member States, which are

parties to the Agreement on the European Economic Area and also to

the EFTA Surveillance Authority referred to in that Agreement which

may, within two months of notification, where one of the fields of

application of that Agreement is concerned, submit statements of case or

written observations to the Court.

ARTICLE 24

The Court may require the parties to produce all documents and to

supply all information which the Court considers desirable. Formal note

shall be taken of any refusal.

The Court may also require the Member States and institutions not being

parties to the case to supply all information which the Court considers

necessary for the proceedings.

ARTICLE 25

The Court may at any time entrust any individual, body, authority,

committee or other organisation it chooses with the task of giving an

expert opinion.

ARTICLE 26

Witnesses may be heard under conditions laid down in the Rules of

Procedure.

ARTICLE 27

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With respect to defaulting witnesses the Court shall have the powers

generally granted to courts and tribunals and may impose pecuniary

penalties under conditions laid down in the Rules of Procedure.

ARTICLE 28

Witnesses and experts may be heard on oath taken in the form laid down

in the Rules of Procedure or in the manner laid down by the law of the

country of the witness or expert.

ARTICLE 29

The Court may order that a witness or expert be heard by the judicial

authority of his place of permanent residence.

The order shall be sent for implementation to the competent judicial

authority under conditions laid down in the Rules of Procedure. The

documents drawn up in compliance with the letters rogatory shall be

returned to the Court under the same conditions.

The Court shall defray the expenses, without prejudice to the right to

charge them, where appropriate, to the parties.

ARTICLE 30

A Member State shall treat any violation of an oath by a witness or expert

in the same manner as if the offence had been committed before one of

its courts with jurisdiction in civil proceedings. At the instance of the

Court, the Member State concerned shall prosecute the offender before

its competent court.

ARTICLE 31

The hearing in court shall be public, unless the Court, of its own motion

or on application by the parties, decides otherwise for serious reasons.

ARTICLE 32

During the hearings the Court may examine the experts, the witnesses

and the parties themselves. The latter, however, may address the Court

only through their representatives.

ARTICLE 33

Minutes shall be made of each hearing and signed by the President and

the Registrar.

ARTICLE 34

The case list shall be established by the President.

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ARTICLE 35

The deliberations of the Court shall be and shall remain secret.

ARTICLE 36

Judgments shall state the reasons on which they are based. They shall

contain the names of the Judges who took part in the deliberations.

ARTICLE 37

Judgments shall be signed by the President and the Registrar. They shall

be read in open court.

ARTICLE 38

The Court shall adjudicate upon costs.

ARTICLE 39

The President of the Court may, by way of summary procedure, which

may, in so far as necessary, differ from some of the rules contained in this

Statute and which shall be laid down in the Rules of Procedure,

adjudicate upon applications to suspend execution, as provided for in

Article 242 of the EC Treaty and Article 157 of the EAEC Treaty, or to

prescribe interim measures in pursuance of Article 243 of the EC Treaty

or Article 158 of the EAEC Treaty, or to suspen d enforcement in

accordance with the fourth paragraph of Article 256 of the EC Treaty or

the third paragraph of Article 164 of the EAEC Treaty.

Should the President be prevented from attending, his place shall be

taken by another Judge under conditions laid down in the Rules of

Procedure.

The ruling of the President or of the Judge replacing him shall be

provisional and shall in no way prejudice the decision of the Court on the

substance of the case.

ARTICLE 40

Member States and institutions of the Communities may intervene in

cases before the Court.

The same right shall be open to any other person establishing an interest

in the result of any case submitted to the Court, save in cases between

Member States, between institutions of the Communities or between

Member States and institutions of the Communities.

Without prejudice to the second paragraph, the States, other than the

Member States, which are parties to the Agreement on the European

Economic Area, and also the EFTA Surveillance Authority referred to in

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that Agreement, may intervene in cases before the Court where one of

the fields of application that Agreement is concerned.

An application to intervene shall be limited to supporting the form of

order sought by one

of the parties.

ARTICLE 41

Where the defending party, after having been duly summoned, fails to file

written submissions in defence, judgment shall be given against that party

by default. An objection may be lodged against the judgment within one

month of it being notified. The objection shall not have the effect of

staying enforcement of the judgment by default unless the Court decides

otherwise.

ARTICLE 42

Member States, institutions of the Communities and any other natural or

legal persons may, in cases and under conditions to be determined by the

Rules of Procedure, institute third-party proceedings to contest a

judgment rendered without their being heard, where the judgment is

prejudicial to their rights.

ARTICLE 43

If the meaning or scope of a judgment is in doubt, the Court shall

construe it on application by any party or any institution of the

Communities establishing an interest therein.

ARTICLE 44

An application for revision of a judgment may be made to the Court only

on discovery of a fact which is of such a nature as to be a decisive factor,

and which, when the judgment was given, was unknown to the Court and

to the party claiming the revision.

The revision shall be opened by a judgment of the Court expressly

recording the existence of a new fact, recognising that it is of such a

character as to lay the case open to revision and declaring the application

admissible on this ground.

No application for revision may be made after the lapse of 10 years from the date of the judgment.

ARTICLE 45

Periods of grace based on considerations of distance shall be determined

by the Rules of Procedure.

No right shall be prejudiced in consequence of the expiry of a time-limit

if the party concerned proves the existence of unforeseeable

circumstances or of

force majeure.

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ARTICLE 46

Proceedings against the Communities in matters arising from non-

contractual liability shall be barred after a period of five years from the

occurrence of the event giving rise thereto. The period of limitation

shall be interrupted if proceedings are instituted before the Court or if

prior to such proceedings an application is made by the aggrieved

party to the relevant institution of the Communities. In the latter event

the proceedings must be instituted within the period of two months

provided for in Article 230 of the EC Treaty and Article 146 of the

EAEC Treaty; the provisions of the second paragraph of Article 232 of

the EC Treaty and the second paragraph of Article 148 of the EAEC

Treaty, respectively, shall apply where appropriate.

TITLE IV

THE COURT OF FIRST INSTANCE

OF THE EUROPEAN COMMUNITIES

ARTICLE 47

Articles 2 to 8, Articles 14 and 15, the first, second, fourth and fifth

paragraphs of Article 17 and Article 18 shall apply to the Court of First

Instance and its members. The oath referred to in Article 2 shall be

taken before the Court of Justice and the decisions referred to in

Articles 3, 4 and 6 shall be adopted by that Court after hearing the

Court of First Instance.

The fourth paragraph of Article 3 and Articles 10, 11 and 14 shall

apply to the Registrar of the Court of First Instance

mutatis mutandis.

ARTICLE 48

The Court of First Instance shall consist of 15 Judges.

ARTICLE 49

The members of the Court of First Instance may be called upon to

perform the task of an Advocate-General.

It shall be the duty of the Advocate-General, acting with complete

impartiality and independence, to make, in open court, reasoned

submissions on certain cases brought before the Court of First Instance

in order to assist the Court of First Instance in the performance of its

task.

The criteria for selecting such cases, as well as the procedures for

designating the Advocates-General, shall be laid down in the Rules of

Procedure of the Court of First Instance.

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A member called upon to perform the task of Advocate-General in a case

may not take part in the judgment of the case.

ARTICLE 50

The Court of First Instance shall sit in chambers of three or five Judges.

The Judges shall elect the Presidents of the chambers from among their

number. The Presidents of the chambers of five Judges shall be elected

for three years. They may be re-elected once.

The composition of the chambers and the assignment of cases to them

shall be governed by the Rules of Procedure. In certain cases governed by

the Rules of Procedure, the Court of First Instance may sit as a full court

or be constituted by a single Judge.

The Rules of Procedure may also provide that the Court of First Instance

may sit in a Grand Chamber in cases and under the conditions specified

therein.

ARTICLE 51

By way of exception to the rule laid down in Article 225(1) of the EC

Treaty and Article 140a(1) of the EAEC Treaty, the Court of Justice shall

have jurisdiction in actions brought by the Member States, by the

institutions of the Communities and by the European Central Bank.

ARTICLE 52

The President of the Court of Justice and the President of the Court of

First Instance shall determine, by common accord, the conditions under

which officials and other servants attached to the Court of Justice shall

render their services to the Court of First Instance to enable it to

function. Certain officials or other servants shall be responsible to the

Registrar of the Court of First Instance under the authority of the

President of the Court of First Instance.

ARTICLE 53

The procedure before the Court of First Instance shall be governed by

Title III.

Such further and more detailed provisions as may be necessary shall be

laid down in its Rules of Procedure. The Rules of Procedure may

derogate from the fourth paragraph of Article 40 and from Article 41 in

order to take account of the specific features of litigation in the field of

intellectual property.

Notwithstanding the fourth paragraph of Article 20, the Advocate-

General may make his reasoned submissions in writing.

ARTICLE 54

Where an application or other procedural document addressed to the

Court of First Instance is lodged by mistake with the Registrar of the

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Court of Justice, it shall be transmitted immediately by that Registrar to

the Registrar of the Court of First Instance; likewise, where an

application or other procedural document addressed to the Court of

Justice is lodged by mistake with the Registrar of the Court of First

Instance, it shall be transmitted immediately by that Registrar to the Reg

istrar of the Court of Justice.

Where the Court of First Instance finds that it does not have jurisdiction

to hear and determine an action in respect of which the Court of Justice

has jurisdiction, it shall refer that action to the Court of Justice; likewise,

where the Court of Justice finds that an action falls within the jurisdiction

of the Court of First Instance, it shall refer that action to the Court of

First Instance, whereupon that Court may not decline jurisdiction.

Where the Court of Justice and the Court of First Instance are seised of

cases in which the same relief is sought, the same issue of interpretation

is raised or the validity of the same act is called in question, the Court of

First Instance may, after hearing the parties, stay the proceedings before

it until such time as the Court of Justice shall have delivered judgment.

Where applications are made for the same act to be declared void, the

Court of First Instance may also decline jurisd iction in order that the

Court of Justice may rule on such applications. In the cases referred to in

this paragraph, the Court of Justice may also decide to stay the

proceedings before it; in that event, the proceedings before the Court of

First Instance shall continue.

ARTICLE 55

Final decisions of the Court of First Instance, decisions disposing of the

substantive issues in part only or disposing of a procedural issue

concerning a plea of lack of competence or inadmissibility, shall be

notified by the Registrar of the Court of First Instance to all parties as

well as all Member States and the institutions of the Communities even if

they did not intervene in the case before the Court of First Instance.

ARTICLE 56

An appeal may be brought before the Court of Justice, within two

months of the notification of the decision appealed against, against final

decisions of the Court of First Instance and decisions of that Court

disposing of the substantive issues in part only or disposing of a

procedural issue concerning a plea of lack of competence or

inadmissibility.

Such an appeal may be brought by any party which has been

unsuccessful, in whole or in part, in its submissions. However,

interveners other than the Member States and the institutions of the

Communities may bring such an appeal only where the decision of the

Court of First Instance directly affects them.

With the exception of cases relating to disputes between the

Communities and their servants, an appeal may also be brought by

Member States and institutions of the Communities which did not

intervene in the proceedings before the Court of First Instance. Such

Member States and institutions shall be in the same position as Member

States or institutions which intervened at first instance.

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ARTICLE 57

Any person whose application to intervene has been dismissed by the

Court of First Instance may appeal to the Court of Justice within two

weeks from the notification of the decision dismissing the application.

The parties to the proceedings may appeal to the Court of Justice against

any decision of the Court of First Instance made pursuant to Article 242

or Article 243 or the fourth paragraph of Article 256 of the EC Treaty or

Article 157 or Article 158 or the third paragraph of Article 164 of the

EAEC Treaty within two months from their notification.

The appeal referred to in the first two paragraphs of this Article shall be

heard and determined under the procedure referred to in Article 39.

ARTICLE 58

An appeal to the Court of Justice shall be limited to points of law. It shall

lie on the grounds of lack of competence of the Court of First Instance, a

breach of procedure before it which adversely affects the interests of the

appellant as well as the infringement of Community law by the Court of

First Instance.

No appeal shall lie regarding only the amount of the costs or the party

ordered to pay them.

ARTICLE 59

Where an appeal is brought against a decision of the Court of First

Instance, the procedure before the Court of Justice shall consist of a

written part and an oral part. In accordance with conditions laid down in

the Rules of Procedure, the Court of Justice, having heard the Advocate-

General and the parties, may dispense with the oral procedure.

ARTICLE 60

Without prejudice to Articles 242 and 243 of the EC Treaty or

Articles 157 and 158 of the EAEC Treaty, an appeal shall not have

suspensory effect.

By way of derogation from Article 244 of the EC Treaty and Article 159

of the EAEC Treaty, decisions of the Court of First Instance declaring a

regulation to be void shall take effect only as from the date of expiry of

the period referred to in the first paragraph of Article 56 of this Statute

or, if an appeal shall have been brought within that period, as from the

date of dismissal of the appeal, without prejudice, however, to the right

of a pa rty to apply to the Court of Justice, pursuant to Articles 242 and

243 of the EC Treaty or Articles 157 and 158 of the EAEC Treaty, for

the suspension of the effects of the regulation which has been declared

void or for the prescription of any other interim measure.

ARTICLE 61

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If the appeal is well founded, the Court of Justice shall quash the decision

of the Court of First Instance. It may itself give final judgment in the

matter, where the state of the proceedings so permits, or refer the case

back to the Court of First Instance for judgment.

Where a case is referred back to the Court of First Instance, that Court

shall be bound by the decision of the Court of Justice on points of law.

When an appeal brought by a Member State or an institution of the

Communities, which did not intervene in the proceedings before the

Court of First Instance, is well founded, the Court of Justice may, if it

considers this necessary, state which of the effects of the decision of the

Court of First Instance which has been quashed shall be considered as

definitive in respect of the parties to the litigation.

ARTICLE 62

In the cases provided for in Article 225(2) and (3) of the EC Treaty and

Article 140a(2) and (3) of the EAEC Treaty, where the First Advocate-

General considers that there is a serious risk of the unity or consistency

of Community law being affected, he may propose that the Court of

Justice review the decision of the Court of First Instance.

The proposal must be made within one month of delivery of the decision

by the Court of First Instance. Within one month of receiving the

proposal made by the First Advocate-General, the Court of Justice shall

decide whether or not the decision should be reviewed.

TITLE V

FINAL PROVISIONS

ARTICLE 63

The Rules of Procedure of the Court of Justice and of the Court of First

Instance shall contain any provisions necessary for applying and, where

required, supplementing this Statute.

ARTICLE 64

Until the rules governing the language arrangements applicable at the

Court of Justice and the Court of First Instance have been adopted in

this Statute, the provisions of the Rules of Procedure of the Court of

Justice and of the Rules of Procedure of the Court of First Instance

governing language arrangements shall continue to apply. Those

provisions may only be amended or repealed in accordance with the

procedure laid down for amending this Statute.

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PROTOCOLS

ANNEXED TO THE TREATY

ESTABLISHING THE EUROPEAN

COMMUNITY

PROTOCOL

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ON THE FINANCIAL CONSEQUENCES

OF THE EXPIRY OF THE ECSC TREATY

AND ON THE RESEARCH FUND

FOR COAL AND STEEL

THE HIGH CONTRACTING PARTIES,

DESIRING to settle certain questions relating to the expiry of the Treaty

establishing the European Coal and Steel Community (ECSC);

WISHING to confer ownership of the ECSC funds on the European

Community;

TAKING ACCOUNT of the desire to use these funds for research in

sectors related to the coal and steel industry and therefore the necessity to

provide for certain special rules in this regard;

HAVE AGREED UPON the following provisions, which shall be

annexed to the Treaty establishing the European Community:

ARTICLE 1

1. All assets and liabilities of the ECSC, as they exist on 23 July 2002,

shall be transferred to the European Community on 24 July 2002.

2. The net worth of these assets and liabilities, as they appear in the

balance sheet of the ECSC of 23 July 2002, subject to any increase

or decrease which may occur as a result of the liquidation

operations, shall be considered as assets intended for research in

the sectors related to the coal and steel industry, referred to as the

"ECSC in liquidation". On completion of the liquidation they shall

be referred to as the "Assets of the Research Fund for Coal and

Steel".

3. The revenue from these assets, referred to as the "Research Fund

for Coal and Steel", shall be used exclusively for research, outside

the research framework programme, in the sectors related to the

coal and steel industry in accordance with the provisions of this

Protocol and of acts adopted on the basis hereof.

ARTICLE 2

The Council, acting unanimously on a proposal from the Commission

and after consulting the European Parliament, shall adopt all the

necessary provisions for the implementation of this Protocol, including

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essential principles and proper decision-making procedures, in particular

for the adoption of multiannual financial guidelines for managing the

assets of the Research Fund for Coal and Steel and technical guidelines

for the research programme of the Research F und for Coal and Steel.

ARTICLE 3

Except as otherwise provided in this Protocol and in the acts adopted on

the basis hereof, the provisions of the Treaty establishing the European

Community shall apply.

ARTICLE 4

This Protocol shall apply from 24 July 2002.

PROTOCOL

ON ARTICLE 67 OF THE TREATY

ESTABLISHING THE

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EUROPEAN COMMUNITY

THE HIGH CONTRACTING PARTIES

HAVE AGREED UPON the following provision, which shall be

annexed to the Treaty establishing the European Community:

SOLE ARTICLE

From 1 May 2004, the Council shall act by a qualified majority, on a

proposal from the Commission and after consulting the European

Parliament, in order to adopt the measures referred to in Article 66 of

the Treaty establishing the European Community.

FINAL ACT

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The CONFERENCE OF THE REPRESENTATIVES OF THE

GOVERNMENTS OF THE MEMBER STATES convened in

Brussels on 14 February 2000 to adopt by common accord the

amendments to be made to the Treaty on European Union, the

Treaties establishing respectively the European Community, the

European Atomic Energy Community and the European Coal

and Steel Community and certain related Acts has adopted the

following texts:

I. Treaty of Nice amending the Treaty on European Union, the Treaties

establishing the European Communities and certain related Acts

II. Protocols

A. Protocol annexed to the Treaty on European Union and

to the Treaties establishing the European Communities

Protocol on the enlargement of the European Union

B. Protocol annexed to the Treaty on European Union, to the Treaty

establishing the European Community and to the Treaty

establishing the European Atomic Energy Community

Protocol on the Statute of the Court of Justice

C. Protocols annexed to the Treaty establishing the European

Community

1. Protocol on the financial consequences of the expiry of the

ECSC Treaty and on the Research Fund for Coal and Steel

2. Protocol on Article 67 of the Treaty establishing the European

Community

III. Declarations

Declarations adopted by the Conference

◾

Declaration on the European security and defence policy

◾

Declaration on Article 31(2) of the Treaty on European Union

◾

Declaration on Article 10 of the Treaty establishing the European

Community

Declaration on the third paragraph of Article 21 of the Treaty

establishing the European Community

Declaration on Article 67 of the Treaty establishing the European

Community

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Declaration on Article 100 of the Treaty establishing the European

Community

Declaration on Article 111 of the Treaty establishing the European

Community

Declaration on Article 137 of the Treaty establishing the European

Community

Declaration on Article 175 of the Treaty establishing the European

Community

Declaration on Article 181a of the Treaty establishing the European

Community

Declaration on Article 191 of the Treaty establishing the European

Community

Declaration on Article 225 of the Treaty establishing the European

Community

Declaration on Article 225(2) and (3) of the Treaty establishing the

European Community

Declaration on Article 225(2) and (3) of the Treaty establishing the

European Community

Declaration on Article 225(3) of the Treaty establishing the European

Community

Declaration on Article 225a of the Treaty establishing the European

Community

Declaration on Article 229a of the Treaty establishing the European

Community

Declaration on the Court of Auditors

Declaration on Article 10.6 of the Statute of the European System of

Central Banks and of the European Central Bank

Declaration on the enlargement of the European Union

Declaration on the qualified majority threshold and the number of

votes for a blocking minority in an enlarged Union

Declaration on the venue for European Councils

Declaration on the future of the Union

Declaration on Article 2 of the Protocol on the financial consequences

of the expiry of the ECSC Treaty and on the Research Fund for Coal

and Steel

Declarations of which the Conference took note

1. Unilateral declaration by Luxembourg

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2. Declaration by Greece, Spain and Portugal on

Article 161 of the Treaty establishing the European

Community

___________________

Done at Nice this twenty-sixth

year two thousand and one

(p.m. Multilingual page)

day

February

the

p.m. His Majesty the King of the Belgians

(Signature page)

Declarations adopted

by the Conference

1. Declaration on the European security and defence policy

In accordance with the texts approved by the European

Council in Nice concerning the European security and

defence policy (Presidency report and Annexes), the

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objective for the European Union is for that policy to

become operational quickly. A decision to that end will be

taken by the European Council as soon as possible in 2001

and no later than at its meeting in Laeken/Brussels, on the

basis of the existing provisions of the Treaty on European

Union. Consequently, the entry into force of the Treaty of

Nice does not constitute a precondition.

2. Declaration on Article 31(2) of the Treaty on European Union

The Conference recalls that:

the decision to set up a unit composed of national prosecutors,

magistrates or police officers of equivalent competence, detached from

each Member State (Eurojust), having the task of facilitating proper

coordination between national prosecuting authorities and of

supporting criminal investigations in organised crime cases, was

provided for in the Presidency conclusions of the European Council at

Tampere on 15 and 16 October 1999;

{{SPA}} the European Judicial Network was set up by Joint Action

98/428/JHA adopted by the Council on 29 June 1998 (OJ L 191,

7.7.1998, p. 4).

3. Declaration on Article 10 of the Treaty establishing the European

Community

The Conference recalls that the duty of sincere cooperation

which derives from Article 10 of the Treaty establishing the

European Community and governs relations between the

Member States

and the Community institutions also governs relations

between the Community institutions themselves. In relations between

those institutions, when it proves necessary, in the context of that duty of

sincere cooperation, to facilitate the app lication of the provisions of the

Treaty establishing the European Community, the European Parliament,

the Council and the Commission may conclude interinstitutional

agreements. Such agreements may not amend or supplement the

provisions of the Treaty and may be concluded only with the agreement

of these three institutions.

4. Declaration on the third paragraph of Article 21 of the Treaty

establishing the European Community

The Conference calls upon the institutions and bodies referred to in the

third paragraph of Article 21 or in Article 7 to ensure that the reply to

any written request by a citizen of the Union is made within a

reasonable period.

5. Declaration on Article 67 of the Treaty establishing the European

Community

The High Contracting Parties agree that the Council, in the

decision it is required to take pursuant to the second indent

of Article 67(2):

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◾

will decide, from 1 May 2004, to act in accordance with the procedure

referred to in Article 251 in order to adopt the measures referred to in

Article 62(3) and Article 63(3)(b);

{{SPA}} will decide to act in accordance with the

procedure referred to in Article 251 in order to

adopt the measures referred to in Article 62(2)(a)

from the date on which agreement is reached on the

scope of the measures concerning the crossing by

persons of the external borders of the Member

States.

The Council will, moreover, endeavour to make the

procedure referred to in Article 251 applicable from

1 May 2004 or as soon as possible thereafter to the other

areas covered by Title IV or to parts of them.

6. Declaration on Article 100 of the Treaty establishing the European

Community

The Conference recalls that decisions regarding financial

assistance, such as are provided for in Article 100 and are

compatible with the "no bail-out" rule laid down in

Article 103, must comply with the 2000{{SPA}}2006

financial perspective, and in particular paragraph 11 of the

Interinstitutional Agreement of 6 May 1999 between the

European Parliament, the Council and the Commission on

budgetary discipline and improvement of the budgetary

procedure, and wit corresponding provisions of future

interinstitutional agreements and financial perspectives.

1. Declaration on Article 111 of the Treaty establishing the European

Community

The Conference agrees that procedures shall be such as to enable

all the Member States in the euro area to be fully involved in each

stage of preparing the position of the Community at international

level as regards issues of particular relevance to economic and

monetary union.

8. Declaration on Article 137 of the Treaty establishing the European

Community

The Conference agrees that any expenditure incurred by

virtue of Article 137 is to be charged to heading 3 of the

financial perspective.

9. Declaration on Article 175 of the Treaty establishing the European

Community

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The High Contracting Parties are determined to see the

European Union play a leading role in promoting

environmental protection in the Union and in international

efforts pursuing the same objective at global level. Full use

should be made of all possibilities offered by the Treaty with

a view to pursuing this objective, including the use of

incentives and instruments which are market-oriented and

intended to promote sustainable development.

10. Declaration on Article 181a of the Treaty establishing the European

Community

The Conference confirms that, without prejudice to other

provisions of the Treaty establishing the European

Community, balance-of-payments aid to third countries falls

outside the scope of Article 181a.

11. Declaration on Article 191 of the Treaty establishing the European

Community

The Conference recalls that the provisions of Article 191 do

not imply any transfer of powers to the European

Community and do not affect the application of the relevant

national constitutional rules.

The funding for political parties at European level provided

out of the budget of the European Communities may not be

used to fund, either directly or indirectly, political parties at

national level.

The provisions on the funding for political parties shall

apply, on the same basis, to all the political forces

represented in the European Parliament.

12. Declaration on Article 225 of the Treaty establishing the European

Community

The Conference calls on the Court of Justice and the

Commission to give overall consideration as soon as

possible to the division of jurisdiction between the Court

of Justice and the Court of First Instance, in particular in

the area of direct actions, and to submit suitable proposals

for examination by the competent bodies as soon as the

Treaty of Nice enters into force.

13. Declaration on Article 225(2) and (3) of the Treaty

establishing the European Community

The Conference considers that the essential provisions of

the review procedure in Article 225(2) and (3) should be

defined in the Statute of the Court of Justice. Those

provisions should in particular specify:

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{{SPA}} the role of the parties in proceedings

before the Court of Justice, in order to safeguard

their rights;

{{SPA}} the effect of the review procedure on the

enforceability of the decision of the Court of First

Instance;

{{SPA}} the effect of the Court of Justice decision on the

dispute between the parties.

14. Declaration on Article 225(2) and (3) of the Treaty

establishing the European Community

The Conference considers that when the Council adopts

the provisions of the Statute which are necessary to

implement Article 225(2) and (3), it should put a

procedure in place to ensure that the practical operation of

those provisions is evaluated no later than three years after

the entry into force of the Treaty of Nice.

15. Declaration on Article 225(3) of the Treaty establishing the European

Community

The Conference considers that, in exceptional cases in

which the Court of Justice decides to review a decision of

the Court of First Instance on a question referred for a

preliminary ruling, it should act under an emergency

procedure.

16. Declaration on Article 225a of the Treaty establishing the European

Community

The Conference asks the Court of Justice and the

Commission to prepare as swiftly as possible a draft decision

establishing a judicial panel which has jurisdiction to deliver

judgments at first instance on disputes between the

Community and its servants.

17. Declaration on Article 229a of the Treaty establishing the European

Community

The Conference considers that Article 229a does not

prejudge the choice of the judicial framework which may be

set up to deal with disputes relating to the application of acts

adopted on the basis of the Treaty establishing the

European Community which create Community industrial

property rights.

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18. Declaration on the Court of Auditors

The Conference invites the Court of Auditors and the

national audit institutions to improve the framework and

conditions for cooperation between them, while maintaining

the autonomy of each. To that end, the President of the

Court of Auditors may set up a contact committee with the

chairmen of the national audit institutions.

19. Declaration on Article 10.6 of the Statute of the

European System of Central Banks and of the European

Central Bank

The Conference expects that a recommendation within the

meaning of Article 10.6 of the Statute of the European

System of Central Banks and of the European Central

Bank will be presented as soon as possible.

20. Declaration on the enlargement of the European Union

The common position to be adopted by the Member States

at the accession conferences, as regards the distribution of

seats at the European Parliament, the weighting of votes in

the Council, the composition of the Economic and Social

Committee and the composition of the Committee of the

Regions will correspond to the following tables for a

Union of 27 Member States.

1. THE EUROPEAN PARLIAMENT

MEMBER STATES

Germany

EP SEATS

United Kingdom

France

Italy

Spain

Poland

Romania

Netherlands

Greece

Czech Republic

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Belgium

Hungary

Portugal

732

Sweden

Bulgaria

Austria

Slovakia

Denmark

Finland

Ireland

Lithuania

Latvia

Slovenia

Estonia

Cyprus

Luxembourg

Malta

TOTAL

2. THE WEIGHTING OF VOTES IN THE COUNCIL

MEMBERS OF THE

COUNCIL

Germany

WEIGHTED

VOTES

United Kingdom

France

Italy

Spain

Poland

Romania

Netherlands

Greece

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Czech Republic

Belgium

Hungary

Portugal

345

Sweden

Bulgaria

Austria

Slovakia

Denmark

Finland

Ireland

Lithuania

Latvia

Slovenia

Estonia

Cyprus

Luxembourg

Malta

TOTAL

Acts of the Council shall require for their adoption at least 258 votes in

favour, cast by a majority of members, where this Treaty requires them

to be adopted on a proposal from the Commission.

In other cases, for their adoption acts of the Council shall require at

least 258 votes in favour cast by at least two-thirds of the members.

When a decision is to be adopted by the Council by a qualified

majority, a member of the Council may request verification that the

Member States constituting the qualified majority represent at least

62% of the total population of the Union. If that condition is shown not

to have been met, the decision in question shall not be adopted.

3. THE ECONOMIC AND SOCIAL COMMITTEE

MEMBER STATES

Germany

United Kingdom

France

Italy

MEMBERS

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Spain

Poland

Romania

Netherlands

Greece

Czech Republic

Belgium

Hungary

Portugal

Sweden

Bulgaria

Austria

Slovakia

Denmark

Finland

Ireland

Lithuania

Latvia

Slovenia

Estonia

Cyprus

Luxembourg

Malta

TOTAL

344

4. THE COMMITTEE OF THE REGIONS

MEMBER STATES

Germany

United Kingdom

France

Italy

Spain

Poland

Romania

Netherlands

Greece

Czech Republic

MEMBERS

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Belgium

Hungary

Portugal

Sweden

Bulgaria

Austria

Slovakia

Denmark

Finland

Ireland

Lithuania

Latvia

Slovenia

Estonia

Cyprus

Luxembourg

Malta

TOTAL

344

21. Declaration on the qualified majority threshold and the

number of votes for a blocking minority in an enlarged

Union

Insofar as all the candidate countries listed in the

Declaration on the enlargement of the European Union

have not yet acceded to the Union when the new vote

weightings take effect (1 January 2005), the threshold for

a qualified majority will move, according to the pace of

accessions, from a percentage below the current one to a

maximum of 73,4%. When all the candidate countries

mentioned above have acceded, the blocking minority, in

a Union of 27, will be raised to 91 votes, and the qualified

majority threshold resulting from the table given in the

Declaration on enlargement of the European Union will be

automatically adjusted accordingly.

22. Declaration on the venue for European Councils

As from 2002, one European Council meeting per

Presidency will be held in Brussels. When the Union

comprises 18 members, all European Council meetings

will be held in Brussels.

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23. Declaration on the future of the Union

1. Important reforms have been decided in Nice. The Conference welcomes the

successful conclusion of the Conference of Representatives of the Governments of

the

Member States

and commits the Member States to pursue the early ratification of

the Treaty of Nice.

2. It agrees that the conclusion of the Conference of Representatives of the

Governments of the

Member States

opens the way for enlargement of the European

Union and underlines that, with ratification of the Treaty of Nice, the European

Union will have completed the institutional changes necessary for the accession of

new Member States.

3. Having thus opened the way to enlargement, the Conference calls for a deeper and

wider debate about the future of the European Union. In 2001, the Swedish and

Belgian Presidencies, in cooperation with the Commission and involving the

European Parliament, will encourage wide-ranging discussions with all interested

parties: representatives of national parliaments and all those reflecting public opinion,

namely political, economic and university circles, representatives of civil society, etc.

The candidate States will be associated with this process in ways to be defined.

4. Following a report to be drawn up for the European Council in Göteborg in

June 2001, the European Council, at its meeting in Laeken/Brussels in

December 2001, will agree on a declaration containing appropriate initiatives for the

continuation of this process.

5. The process should address, inter alia, the following

questions:

{{SPA}} how to establish and monitor

a more precise delimitation of powers

between the European Union and the

Member States, reflecting the principle

of subsidiarity;

{{SPA}} the status of the Charter of

Fundamental Rights of the European

Union, proclaimed in Nice, in

accordance with the conclusions of the

European Council in Cologne;

{{SPA}} a simplification of the

Treaties with a view to making them

clearer and better understood without

changing their meaning;

{{SPA}} the role of national parliaments in the European

architecture.

6. Addressing the abovementioned issues, the

Conference recognises the need to improve and to

monitor the democratic legitimacy and transparency

of the Union and its institutions, in order to bring

them closer to the citizens of the Member States.

7. After these preparatory steps, the Conference

agrees that a new Conference of the Representatives

of the Governments of the Member States will be

convened in 2004, to address the abovementioned

items with a view to making corresponding changes to

the Treaties.

8. The Conference of Member States will not

constitute any form of obstacle or pre-condition to

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the enlargement process. Moreover, those candidate

States which have concluded accession negotiations

with the Union will be invited to participate in the

Conference. Those candidate States which have not

concluded their accession negotiations shall be invited

as observers.

24. Declaration on Article 2 of the Protocol on the financial

consequences of the expiry of the ECSC Treaty and on the

Research Fund for Coal and Steel

The Conference invites the Council to ensure, under

Article 2 of the Protocol, the prolongation of the ECSC

statistics system after the expiry of the ECSC Treaty until

31 December 2002 and to invite the Commission to make

the appropriate recommendations.

DECLARATIONS

OF WHICH THE CONFERENCE

TOOK NOTE

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1. Unilateral Declaration by Luxembourg

Without prejudice to the Decision of 8 April 1965 and the

provisions and possibilities contained therein regarding the

seats of institutions, bodies and departments to be set up,

the Luxembourg Government undertakes not to claim the

seat of the Boards of Appeal of the Office for

Harmonisation in the Internal Market (trade marks and

designs), which will remain in Alicante, even if those Boards

were to become judicial panels within the meaning of Artic

le 220 of the Treaty establishing the European Community.

2. Declaration by Greece, Spain and Portugal on Article

161 of the Treaty establishing the European Community

Greece, Spain and Portugal have agreed to the move to a

qualified majority in Article 161 of the Treaty establishing

the European Community on the basis that the word

"multiannual" in the third paragraph means that the

financial perspective applicable from 1 January 2007 and

the Interinstitutional Agreement relating thereto will have

the same duration as the current financial perspective.